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TMI Blog2006 (4) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... . 3,56,943 with interest on the sum of Rs. 1,81,205 at 12 per cent per annum from the date of application i.e., 11-11-1997 till the date of judgment and for payment of future interest and costs. 2. It is averred in the application that M/s. Shivamoni Steel Tubes Limited was ordered to be wound up by an order dated 8-9-1995 passed by this Court in Company Petition Nos. 49/94 and 157/92 and the Official Liquidator attached to this Court became the Liquidator of the Company by virtue of section 449 of the Act. The respondent was having trade transactions with the applicant-company and as per books of account maintained by the Company and the statement of affairs filed by the ex-Directors of the applicant-company, the respondent is indebt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licant-company stating that the application has been filed in time and the objection statement filed by the respondent is liable to be rejected. 5. The matter was posted for enquiry. On behalf of the applicant, affidavit was filed by way of examination-in-chief by the paid Assistant in the office of the Official Liquidator and he has produced Ex. P1, the register of sundry debtors and creditors for the year 1989-90 and got marked relevant entry as per Ex. P1( a ). On behalf of the respondent, the affidavit of P. Perumalsamy, working as Executive Engineer, Materials and Management, Mettur Thermal Power Station, Tamil Nadu Electricity Board, has been filed by way of examination-in-chief and he has got marked Exs. R1 to R6 and he was cross ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the applicant has proved that the respondent was due to pay a sum of Rs. 1,81,205 as on 1-10-1989 to the applicant-company and that the applicant is entitled to recover the said sum with interest at 12 per cent per annum and notice charges, amounting to Rs. 3,56,943 from the respondent, as sought for in the application ? 2.What order? I answer the above points for determination as follows: - Point No. 1:in the negative Point No. 2:as per the final order for the following : Reasons 10. It is clear from a perusal of the averments made in the application that the claim made in the application is based merely on the basis of the entry made in the register, Ex. P1 maintained by the company in liquidation and Ex. P1( a ) is the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the Official Liquidator and what is elicited in the cross-examination of RW1 is that the meaning of T.N.E.B., means Tamilnadu Electricity Board, which is the respondent in this case. It is further elicited in the cross-examination of RW1 that he does not have any knowledge of accounts and he does not know what it means as mentioned in the Debit column as per Ex. P1( a ). The further facts elicited in the cross-examination of RW1 that the respondent has cleared the amount as shown in Ex. P1A and he has no document to show that the sum of Rs. 1,81,205 was paid to the applicant-company, would not amount to admission that the respondent was liable to pay Rs. 1,81,205 to the applicant as the facts elicited in the cross-examination o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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