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        Companies Law

        2010 (9) TMI 1303 - HC - Companies Law

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        Company debt proved through ledger records and unrebutted documents, enabling recovery with interest. The Official Liquidator substantiated a company debt through the company's ledger account and supporting demand communications, and the respondent, having ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                              Company debt proved through ledger records and unrebutted documents, enabling recovery with interest.

                              The Official Liquidator substantiated a company debt through the company's ledger account and supporting demand communications, and the respondent, having been served but filing no defence, failed to rebut the claim. On that documentary record, the Court accepted proof of liability and permitted recovery of the established debt with interest. The claim for Rs. 1,00,000 was allowed, together with interest at 6% per annum from the date of application until realisation.




                              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.


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                              ActsIncome Tax
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