The Official Liquidator Vs M/s.Sakthi Auto Ancillary Pvt.

M/s.Sakthi Auto Ancillary Pvt. Ltd., Represented by its Managing Director, Shri.S.Jeevanantham, Registered Office at Idigarai Road, N.G.G.O. Colony, Coimbatore-641 022 and 2 Others .. Respondents

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For Applicant:Ms.Ambili B. , Deputy Official Liquidator

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For Respondents : Mr.Pranav V.Shankar for M/s.R.Vidhya Shankar

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O R D E R

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By this application, the Official Liquidator seeks recovery of a sum

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of Rs.51,60,230.65 with interest thereon at 18% per annum from the respondents.

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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Comp.A.No.244 of 2018

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2.A report dated 24.10.2017 was filed in support of the application. At paragraph 7 of the report, it is stated that a demand notice dated 10.03.2015 demanding a sum of Rs.52,88,621/- was issued to the 1^st respondent, and that the same was referred to in the statement of affairs filed by the ex-Directors. In the said paragraph, reference is also made to the reply dated 31.03.2015 of the 1^st respondent to the effect that a sum of Rs.43,21,061.20 was paid to the Commercial Tax Department pursuant to a notice received from the said department. According to the Official Liquidator, the 1^st respondent failed to provide documentary proof that amounts due and payable were discharged. Hence the application.

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3.Learned counsel for the respondents submits that the dues of the company in liquidation were discharged by the 1^st respondent. He refers to the statutory notice from the Commercial Tax Department on 03.01.2014. In response to such notice, he states that demand drafts were issued by the 1^st respondent in favour of the Assistant Commissioner (CT), Anna Salai-III Assessment Circle for the aggregate sum of Rs.43,21,061.20. In addition, he submits that, in response to demand made under communication dated

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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Comp.A.No.244 of 2018

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18.08.2014 from the Official Liquidator, a sum of Rs.10,79,853.80 was paid by demand draft drawn on Indian Bank, Chennai. He also relies upon letter dated 19.06.2024 from the Indian Bank confirming clearance of three demand drafts for sums of Rs.10,80,332.80, Rs.10,80,203.80 and Rs.10,80,128.80. Apart from this, he also relies upon the letter dated 24.06.2024 from the Indian Overseas Bank confirming clearance of two demand drafts for sums of Rs.9,00,000/- and Rs.1,80,395.80. Thus, he submits that there is evidence that an aggregate sum of Rs.43,21,061.20 was paid by the 1^st respondent to the Commercial Tax Department. As per Section 45 of the Tamil Nadu Value Added Tax Act, 2006, he submits that the 1^st respondent is entitled to a discharge of the liability to the company in liquidation to that extent. As regards the balance sum of Rs.10,79,943.80, he states that the remittance was made directly to the Official Liquidator.

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4.In response to the submissions, the Official Liquidator has filed report dated 20.02.2025. In such report, it is stated that the Indian Overseas Bank, by letter dated 13.02.2025, has confirmed clearance of demand drafts drawn on Indian Overseas Bank. It is further stated therein that no response has been received from the Indian Bank as on date.

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Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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Comp.A.No.244 of 2018

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5.As narrated above, the 1^st respondent has placed on record the

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original letter dated 19.06.2024 from Indian Bank, R.S.Puram branch, Coimbatore. The said letter confirms clearance of three demand drafts for sums of Rs.10,80,332.80, Rs.10,80,203.80/- and Rs.10,80,128.80. Therefore, the 1^st respondent has established payment of the aggregate sum of Rs.43,21,061.20 to the Commercial Tax Department towards discharge of the dues of the company in liquidation to the Tax Department. The 1^st respondent has also established payment of a sum of Rs.10,79,943.80 by way of a demand draft drawn on the Official Liquidator. In the aggregate, this appears to discharge the entire liability of the 1^st respondent towards the company in liquidation.

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