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2008 (2) TMI 613

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....l for the Official Liquidator. ORDER 1. Company Application No. 25/2000 in Company Petition No. 1/95 was decided by this court on 1-3-2001. 2. It was observed that applicant Hari Ram & another were shown in the list of debtor and notice was initially served in the office of Official Liquidator for demand of a sum of Rs. 1,90,000 with interest at the rate of 12 per cent per annum dated 24-9-1999....

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.... recover the amount of Rs. 3,11,600 together with the interest at the rate of 12 per cent namely as on 27-8-1999." 3. In compliance of order of this court dated 1-3-2001, Company Execution Petition No. 9/04 was filed by Official Liquidator which was admitted on 24-9-2004 and notices were issued to the present applicant. After the notice of execution petition was served, the applicant Hari Ram fil....

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....er objection that as per instructions extended to him by his client, in fact loan was never disbursed to him. As such, the question of making recovery from him does not arise. 5. Suffice it to say at this stage that at two different stages the present applicant had an opportunity to come out with his defence - at the first stage when Official Liquidator served him notice dated 24-9-1999 and at a ....