Single paras judgment where the court granted the petitioner-applicant's application under Section 446 of the Companies Act to recover monies due from a respondent company under liquidation, despite the respondent's non-appearance.
Recovery of amount of Rs.1,78,136.29/ from the respondent company.
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Comp.A.No.127 of 2021 in C.P.No.255 of 2014
Comp.A.No.127 of 2021 in C.P.No.255 of 2014
R.SUBRAMANIAN, J.
This application has been filed under Section 446 of the
Companies Act for recovery of monies due to the Company under liquidation from the respondent.
2.According to the Official Liquidator, the respondent Company
had borrowed monies from the Company under liquidation under two agreements dated 29.06.2011 and 06.10.2011. The total amount advanced was Rs.2,60,00,000/-(Rupees Two Crores Six Lakhs only).
3.Taking into account the statement of affairs filed by the ExDirectors, the learned Official Liquidator has calculated the amount due to the Company at Rs.1,78,136.29/-, which is basically interest dues, which was not paid.
4.Notice was ordered to the respondent Company and the respondent Company was served on 28.07.2021. Despite such service, none appears for the respondent Company.
Comp.A.No.127 of 2021 in C.P.No.255 of 2014
KKN
R.SUBRAMANIAN, J.
this application, this application is ordered as prayed for.
17.09.2021
kkn
Comp.A.No.127 of 2021
in
C.P.No.255 of 2014
2 issues framed by the court
Whether to allow application for recovery of dues from a respondent company under liquidation under Section 446 of the Companies Act.
Whether to grant relief in absence of the respondent company despite service of notice.
1 provisions across 1 enactments
Official Liquidator
Respondent Company
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
