BAREJA KNIPPING FASTENERS LTD Vs. KOCHAR BROTHERS

JUDGEMENT

(1.) THE official liquidator has filed this petition under Section 446 (2) read with Section 468 of the Companies Act, 1956 (for short "the Act") for recovery of Rs. 2,476. 02 against the respondents.

(2.) THE facts briefly stated are that the petitioner-company was ordered to be wound up by this court vide order dated October 27, 1983, in Company Petition No. 57 of 1983. The official liquidator attached to this court was appointed as official liquidator of the petitioner-company. After examining the books of account of the petitioner-company, it was found out that a sum of Rs. 2,476. 02 was due from the respondents to the petitioner company on account of the price of the goods supplied to the respondents. The petitioner claimed interest at the rate of 12 per cent per annum on this amount.

(3.) THE respondent-company controverted the allegations of the petitioner. It was, inter alia, pleaded that the petitioner-company did not supply any goods of the value of Rs. 2,476. 02 to the respondents. It was also pleaded that the petition was barred by time.