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TMI Blog2010 (11) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 ORDER 1. The Official Liquidator has filed this petition on behalf of Jagatjit Brown Forman (India) Limited, company under liquidation for recovery of Rs. 7,37,965 with interest from Mr. Mohit Singh, F-1-2, Licencee C/o Shipra Motel and Resort Limited. 2. After service, response/reply dated 25-8-2009 has been filed. It is stated in the reply that the supplies were in fact made to Shipra Mote ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y limitation. No other defence has been raised. 3. In view of the stand taken in the reply, it is directed that the name of the respondent will be read as Shipra Hotels Limited and this order is being passed against them. 4. After filing the said reply, the Official Liquidator and the respondent had filed affidavits by way of evidence but subsequently the respondent stopped appearing and the wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Official Liquidator on behalf of the company in liquidation is barred by limitation. 6. CP No. 439/1999 was filed for winding up of the company under liquidation on 14-12-1999. Provisional Liquidator was appointed by this Court on 19-12-2003 and the final winding up order was passed on 12-1-2005. The present proceedings for recovery were filed on 20-12-2007. Section 458A of the Companies Act, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... last part payment were made in 1999. In these circumstances, the present application is allowed and a decree for a sum of Rs. 7,37,965 along with interest at the rate of 12 per cent per annum is passed in favour of the company under liquidation and against the Shipra Hotels Limited. The interest will be payable by the respondent from the date of filing of the petition till payment is made. The ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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