Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the Official Liquidator proved the respondent's liability to pay Rs. 1,00,000 to the company in provisional liquidation and was entitled to recovery of the amount with interest.
Analysis: The Official Liquidator relied upon the company's ledger account and supporting demand communications to establish that the respondent owed Rs. 1,00,000 as on 31 March 1997. The respondent was duly served, proceeded ex parte, and did not file any defence or appear to rebut the claim. The documentary record was accepted as sufficient proof of the debt.
Conclusion: The claim was proved and recovery of Rs. 1,00,000 was allowed, together with interest at 6% per annum from the date of the application until realization.
Ratio Decidendi: Where the liquidator substantiates a company debt through the records of the company and the debtor offers no defence, the Court may direct recovery of the proven amount with appropriate interest.