2005 (12) TMI 293 - HC - Companies Law

Summary

Issues:
Challenge to the order dated February 13, 2002 on the grounds of claim adjudication in summary proceedings and limitation laws applicability.

Analysis:
The appellant challenged the order dated February 13, 2002, arguing that the respondent's claim could not have been decided summarily and was time-barred. The appellant's advocate highlighted the bills' dates, emphasizing that most bills were from 1994-95, with only one from 1996. The appellant also pointed out that certain bills were not received and disputed the acknowledgment of the amount due. The respondent countered, stating the appellant made lump sum payments over the years, with the last payment in 2001, duly credited by the respondent. The respondent argued that the appellant acknowledged the debt, as evidenced by their actions and communications.

The respondent's counsel referred to the order of February 13, 2002, emphasizing the appellant's admission of liability and the lack of a settlement agreement. The court noted the payments made by the appellant and the acknowledgment of the debt amount by their advocate. The court found that the appellant's claim of non-receipt of certain bills was contradicted by evidence of payment acknowledgment. Consequently, the court admitted the petition for a specific sum, setting the interest rate based on the statutory notice issuance date.

Upon reviewing the facts and submissions, the court affirmed the lower court's decision, noting the additional payment made by the appellant during the proceedings and the admission of the debt amount by their advocate. The court rejected the appeal and cross-objection, finding no valid grounds for interference. The judgment upheld the lower court's decision, dismissing both the appeal and the cross-objection.

In a concurring opinion, Justice Tapan Kumar Dutt agreed with the decision, leading to the dismissal of the appeal and cross-objection. The judgment concluded that the lower court's order was correctly decided based on the facts presented, affirming the respondent's entitlement to the directed amount and the interest rate.