2019 (6) TMI 1155

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....e, Advocate For The Respondent : Ms. Ruma Sikdar, Advocate ORDER The Court : Mr. Bose, learned advocate appears on behalf of applicant in CA 131 of 2017. He seeks direction in terms of prayers (a) and (b) in Judge's Summons. The prayers are reproduced below: "(a) Communication dated 3rd February, 2017 and 23rd February, 2017 issued by the Deputy Official Liquidator, High Court, C....

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....d the company was unable to pay its debts and order winding up, Official Liquidator is completely unjustified in asking for any other proof than what has already been furnished. He submits further, proof has been tendered in terms of relevant form under applicable rules in Companies (Court) Rules, 1959. He presses for orders being made. Ms. Sikdar, learned advocate appears on behalf of Official....

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....r winding up. Sections 17 to 21 in Evidence Act, 1872 are relevant for purpose of applicable law regarding admissions. Section 17 defines admission as made by any of the persons and under the circumstances mentioned thereunder. Persons, mentioned thereafter in the Act, parties, suitor in representative character, party interested in subject matter, person from whom interest is derived parties to t....

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....Mr. Bose relies on disclosures in the winding up petition, being swift messages as proof of transfer of money to the company (in liquidation). Rule 149, relied upon by the office, requires every creditor to prove his debt unless the Judge in any particular case directs, inter alia, any creditor to be admitted without proof. The rule goes on to provide, formal proof will be required unless Official....