9911796707
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Claim for recovery of a sum with interest | Plea of discharge not proven | Plea of limitation raised | Relevance of date of last payment in limitation | Applicability of Section 19 of the Limitation Act | Enforceability of claim in winding-up petition | Filing of claim within the limitation period | Importance of proper preparation of claim statements by the official liquidator Analysis: The judgment pertains to a claim for recovery of a sum with interest by the official liquidator representing a company in liquidation against the appellant and two others. The claim was based on a demand pro-note executed in favor of the company, now in liquidation. The claim was filed within the stipulated period but faced challenges regarding the plea of discharge and limitation. The court noted that no evidence was presented to prove the plea of discharge, leading to its dismissal. The plea of limitation was contested, with the court emphasizing the relevance of the date of the last payment in determining limitation. The court highlighted that under Section 19 of the Limitation Act, only payments acknowledged in writing by the payer can save limitation. In this case, there was no such acknowledgment, rendering the date of the last payment irrelevant for limitation purposes. The enforceability of the claim in the winding-up petition was crucial, with the court citing a Full Bench decision to support the requirement of an enforceable claim at the time of the winding-up petition. The court found that the claim was not alive at the time of the winding-up petition, leading to its dismissal on grounds of limitation. The judgment underscored the importance of proper preparation of claim statements by the official liquidator. It noted that essential facts must be included in the claim to enable a thorough assessment of the case. The court criticized the lack of necessary facts and evidence in the claim, highlighting the need for a comprehensive presentation of claims. The judgment concluded by allowing the appeal, dismissing the claim as barred by limitation, and directing the parties to bear the costs. In conclusion, the judgment delves into the intricacies of proving a claim in a liquidation scenario, emphasizing the significance of meeting legal requirements, including acknowledgment of payments for limitation purposes and ensuring the enforceability of claims at the time of the winding-up petition. It serves as a reminder of the essential role of the official liquidator in diligently preparing and presenting claims to uphold legal standards and facilitate efficient resolution of liquidation proceedings.
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