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Application under section 456 of the Companies Act, 1956 for recovery of dues from the respondent-Board. Analysis: The applicant filed an application under section 456 of the Companies Act, 1956, seeking recovery of dues amounting to Rs. 20,84,824 along with interest from the respondent-Board, a trade debtor of the company in liquidation. The ex-directors of the company submitted a statement of affairs showing the debt owed by the respondent. The official liquidator claimed the amount from the Board through notices and reminders. The respondent's reply stated that the company owed them a larger sum, pending in a suit filed prior to the winding-up proceedings. The respondent argued that the suit cannot proceed without court leave post-winding up, as per section 446(1) of the Companies Act, 1956. The court noted that the respondent failed to file a reply despite multiple opportunities and non-appearance. It was emphasized that the respondent's suit for recovery against the company in liquidation cannot proceed without court leave as per the law. The court found merit in the applicant's claim and rejected the respondent's argument that the suit pending before the Bombay High Court justified non-payment of the debt to the company in liquidation. The court held that the respondent's suit against the company was not decreed and cannot proceed without court leave post-winding up. Any dues against the company in liquidation must be presented to the Official Liquidator for scrutiny and adjudication. As the respondent failed to lodge a claim or prove it before the Official Liquidator, the court allowed the applicant's application for recovery of dues. In the final judgment, the court directed the respondent-Board to pay the dues of Rs. 20,84,824 along with interest to the Official Liquidator within one month. Additionally, the respondent was ordered to pay the costs of the application amounting to Rs. 5,000 to the Official Liquidator of the company in liquidation.
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