9911796707
TMI Blog2008 (7) TMI 573X X X X Extracts X X X X X X X X Extracts X X X X ..... Single Judge, it has been correctly done. As far as the question as to the point of limitation was concerned, period of limitation was available till 8-4-1990, and the application was filed on 7-11-1989, and thus, it was well within the time. Both the contentions as to the point of limitation and sufficient proof was not adduced by the liquidator have been rightly rejected by the learned Single Judge which finding, in the opinion of the court, is a reasoned one. Appeal dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... um of Rs. 1,07,736.25 was paid in 14 instalments; that a sum of Rs. 1,47,797.60 was due and payable along with interest that the details of bills raised by the company and the payments made by the appellant, were enclosed and marked in annexure "A"; and that 20 per cent was claimed towards interest. It is further averred that the claim was within time in view of the provisions under article 137 of the Limitation Act read with section 18/19 of the said Act and also section 458A of the Companies Act, and thus, it was to be ordered. 4. Contrary to the above, two contentions were raised by the appellant that the claim was barred by time, and there was a bona fide dispute and hence, the present proceedings were to be rejected. 5. The learned S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecific and certain claim was made by the official liquidator; but, he has not produced any invoices raised for every one or all of the claims made; that even as per the averments in the application, these particulars were gathered from the ledgers and account books which he took custody, and thus, it would be quite clear that in the instant case, the principal documentary evidence, namely, the invoices under which the claim was made, was not filed; and that in the absence of any proof, such a claim could not have been entertained. 9. Learned counsel further added that under the provisions of the Companies Act, 1956, in a case where the situation arises both of the Civil Procedure Code and the provisions of the Evidence Act have got to be f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; that the learned Single Judge has also pointed out the same; that further, as far as the limitation was concerned, it is quite clear that what was actually between the parties was a running account; that on number of occasions, invoices were raised, and the liability has also been found; that on 14 occasions, different payments have been made; that they have been given credit to; that all would indicate that it was continuous, mutual, open and current account; that for the purpose of escaping the liability, these contentions were raised; that the learned Single Judge has thoroughly rejected the same, and hence, the appeal has got to be dismissed. 11. The court paid its anxious consideration on the submissions made. It is not in controver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and it was also wound up. What was handed over to him by the erstwhile managing director was only the statement of affairs of the company, and also certain books and records of the company were handed over. The court could expect the best what was available in the hands of the liquidator, which came to his hands at the time when he took over possession of the company affairs, and the same he could produce before the court. In the instant case, much comment was made by the appellant's counsel on the non-production of the invoices in respect of the particular claim which, in the opinion of the court, could not be expected from the hands of the Official Liquidator. The Official Liquidator has actually taken into custody certain books and recor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he contention of the appellant was that each and every transaction was an independent transaction, and the last bill was raised on 30-8-1984, and hence, it was barred by time. The learned Single Judge has clearly pointed out that it was not so. The learned Single Judge has also relied on section 19 of the Limitation Act, and further, the period of one year was also available, from the available materials, it could be seen that item 63 was the last bill that was dated 30-8-1984, and item 14 refers to last payment made on 27-3-1984. The provisions of article 137 to the Schedule of the Limitation Act and section 458A of the Companies Act were relied on by the official liquidator. The last payment was made on 27-3-1984. The period of limitation ..... X X X X Extracts X X X X X X X X Extracts X X X X
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