Kuppumal v. Anjalai
Case brief
What is this about?
The court recorded a cheque submitted by the respondent's director towards company dues. The court directed that if the cheque was not cleared by March 30, 2020, proceedings for winding up would be initiated.
What did the court decide?
Director assured a cheque for ₹89,60,000 would be cleared by 30.03.2020. Winding up proceedings to start upon dishonor.
What the court decided
A compact analysis
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O.P.No.216 of 2012
P.T.ASHA, J.
Despite orders of this Court dated 07.02.2020, directing the respondent to pay the balance amount Rs.24,00,000/-, the said sum has not been paid.
- Mr.T.Mohan, Director of the respondent Company is present
before this Court and assurance has been given that a Cheque for Rs.89,60,000/- drawn at Indian Overseas Bank, Alwarthirunagari
Branch, Toothukudi, dated 30.03.2020, issued by him to the petitioner would be cleared by 30.03.2020.
- The learned counsel for the petitioner would submit that already there is a considerable delay and some amount should be paid towards interest.
- This Court is recording the payment made by the respondent vide the cheque mentioned above. It is made clear that if the cheque
is not cleared on the said date, the proceedings for winding up would kick in. List the matter on first week of April 2020.
21.02.2020
Issues for consideration
2 issues framed by the court
Whether proceedings for winding up should kick in if the cheque is not cleared by the stipulated date.
Whether interest should be paid for the delay in settling the dues.
Parties & counsel
- petitioner
PETITIONER
- respondent
DIRECTOR OF THE RESPONDENT COMPANY
- respondent
RESPONDENT COMPANY
Coram
Case details
As recorded by the court registry
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