The Court examined the status of a disbount claim where the respondent had deposited the principal amount and a portion with the Official Liquidator. Finding that the company had received the claimed amounts, the court held nothing further was recoverable and disposed of the application.
Application disposed of; no further recovery from the respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Company Application No. 40 / 2003
The Official Liquidator of M/s. Amfort Agro Finance Ltd. (In Liquidation), Attached to Rajasthan High Court, Jaipur, having office at: Corporate Bhawan, Civil Lines, Jaipur.
----Applicant
Versus
Shri Birbax Singh (since deceased) through his legal representatives :-
1/1 Raj Singh Son of (Late) Birbax Singh
1/2 Shimbhu Singh Son of (Late) Birbax Singh
1/3 Mahendra Singh, Son of (Late) Birbax Singh
1/4 Pusab Kanwar Daughter of (Late) Birbax Singh
1/5 Paan Kanwar Daughter of (Late) Birbax Singh
1/6 Shobh Kanwar W/o (Late) Budhraj Singh {Daughter-in-law of (Late) Birbax Singh}
1/7 Harnath Singh S/o (Late) Budhraj Singh {grandson of (Late) Birbax Singh}
1/8 Gopal Singh S/o (Late) Budhraj Singh {grandson of (Late) Birbax Singh}
1/9 Madan Singh S/o (Late) Budhraj Singh {grandson of (Late) Birbax Singh}
All Residents of, Village & Post- Trilokpura, Via-Ranoli, TehsilDanta Ramgarh, District -Sikar (Rajasthan)
----Non-Applicants
For Petitioner(s) : Mr. Gaurav Sharma with US Patole, OL
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
17/08/2017
(1) Learned Counsel for the OL submits that the principal amount of 1,88,400/- was outstanding, out of which an amount₹ of 1,36,880/- has already been deposited with the OL by the₹ respondent and the remaining amount has also been deposited
(2 of 2)
[COAP-40/2003]
with the Company as per the original receipts which have been produced by the OL.
(2) Being satisfied that the said amount has already been received by the Company, this Court finds that nothing further remains to be recovered from the respondent.
(3) The application is disposed of and same is consigned to
record.
(SANJEEV PRAKASH SHARMA)J.
N.Gandhi/61
The Official Liquidator of M/s. Amfort Agro Finance Ltd.
Shri Birbax Singh legal representatives
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
