9911796707
TMI Blog2008 (7) TMI 575X X X X Extracts X X X X X X X X Extracts X X X X ..... learned single judge, at the end of the order, recorded the finding that the claim was time-barred. Now, the grievance was that that finding has got to be removed from the order. Accordingly, that finding is removed from the order. Thus, the question as to whether it is time-barred or not is to be decided only on adducing evidence of both parries and on appreciation of the same. With the above observation, this O.S.A. is dismissed. No costs. It is open to the appellant to make a claim, as per the law, before the appropriate forum for getting appropriate remedy. - O.S.A. NO. 45 OF 2005 - - - Dated:- 22-7-2008 - M. CHOCKALINGAM AND K. VENKATARAMAN, JJ. Prakash Goklaney for the Appellant. JUDGMENT M. Chockalingam, J. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on for winding up. It was resisted by the respondent on three grounds. Firstly, he denied the transactions and further asked for production of original of the credit bills with due acknowledgment made by the respondent-company and the delivery notes relating to the purchases. Secondly, payment of Rs. 38,000 was denied. Thirdly, the company was the sick unit till March 31, 2001 and thus, the claim was barred by limitation and therefore, the company petition was not maintainable and was liable to be dismissed. The learned single judge raised questions whether the respondent-company was liable to be wound up and whether the claim was barred by time as pleaded by the respondent. The learned single judge heard the submissions made by either ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s were placed before the learned single judge to the effect that even acknowledgment made out of stipulated period would be well within time and under these circumstances, the findings recorded by the learned single judge that it was time-barred is not correct. Added further learned counsel that letter was given by the general manager on September 19, 1991; that it was found by learned single judge that there was no evidence to show that the person, who had signed the letter dated September 19, 1991, was authorised to issue such a letter, acknowledging the liability and in the absence of the same, the letter cannot be taken into consideration for saving the period of limitation; that further, in the instant case, all the communications ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Chettiar, AIR 1975 Mad 333. After hearing learned counsel for the appellant and after looking into the materials available, the court is of the considered opinion that the appeal does not carry any merit whatsoever. The petition was brought forth, after issuance of the statutory notice as contemplated under the Companies Act, for winding up that the respondent, despite notice, was unable to make payment as per the demands made under the statutory notice and that liability was to an extent of Rs. 1,26,914.41. It is pertinent to point out that at the time when the counter was filed, the petition was resisted on the grounds that actually the liability as found in the petition and the transactions were denied. Further, the respondent require ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ates the acts of the directors. Under these circumstances, now the question is that whether the person, who signed the letter dated September 19, 1991, had got the authority to issue such a letter, acknowledging the liability. It could be seen from the available materials that rehabilitation scheme was approved with effect from July 19, 1989 and it continued till March 31, 2001 and during which period, the letter was issued. Under these circumstances, the court is of the considered opinion that when the defence plea that was stated in the course of the counter was that it was time-barred, it has got to be looked into and decided only on appreciation of evidence and not otherwise. At this juncture, it is pertinent to point out that the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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