SEHGAL PAPERS LTD Vs. SHRINIWAS CHEMICALS

JUDGEMENT

(1.) This is a claim petition for recovery of Rs. 11,202/- due from the respondent on the basis of the books of account maintained by the petitioner-company relating to the respondent. The figure was struck on 9th September, 1981, which represents the costs of the goods supplied by the petitioner to the respondent. Besides, interest at the rate of 12 per cent per annum from the date of the last transaction, i.e. 9.9.1981 upto the date of payment has been claimed.

(2.) It is averred in the petition, that a petition for winding up of the Company was presented in this Court on April 29, 1981 and it was ordered to be wound up on April 8, 1983, vide orders passed in C.P. No. 64 of 1981. This claim petition was filed by the petitioner on 31.1.1987. It is thus within limitation as provided under Section 458-A of the Companies Act, 1956.

(3.) Since the respondent has not filed the written statement, it has become lawful for this Court to pronounce judgment on the basis of the facts contained in the petition, accordingly, the principal sum as claimed for together with interest at the rate of 12 per cent per annum from 9.9.1981, is held due to the petitioner from the respondent till the date of payment. The claim petition is thus allowed in these terms with costs. Let a formal decree in terms thereof be prepared by the office. Petition allowed.