THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.59 of 2009 in Company Petition No.164 of 2004 Dated:09th March, 2010 Between: M/s. Targof Pure Drugs Ltd. (in liquidation) rep. by the Official Liquidator, High Court of A.P., Hyd. ….Applicant AND M/s.Deep Enterprises, Shri Dinesh Gupta (Proprietor) 138, Navyug Market, Ghaziabad – 201 001. …Respondent **** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.59 of 2009 in Company Petition No.164 of 2004 ORDER: This is an application filed by applicant M/s.Targor Pure Drugs Ltd. (in liquidation) represented by the Official Liquidator under Section 446(2)(b) of the Companies Act, 1956 read with Rules 9 and 11(b) of the Companies (Court) Rules, 1959, seeking a decree against the respondent for a sum of Rs.50,697/- with interest @ 12% p.a. w.e.f. 01.02.2006 till the date of realisation. 2. The applicant-Company was ordered to be wound-up on 19.04.2007 in C.P.No.164 of 2004. The Official Liquidator attached to this Court has been appointed as liquidator of the applicant-Company (in liquidation). As per the information furnished by the Ex-Managing Director with the office of the Official Liquidator, the Company in liquidation supplied drugs and other allied products to the respondent herein. As per the debtors ledger for the year 2005-2006, the company (in liquidation) supplied drugs to the respondent on 01.02.2006 vide Delivery Challan/Invoice No.992945, dated 01.02.2006. The said consignment was sent through M/s.Jaipur Golden Transport Co. Private Limited. A notice dated 06.12.2007 was issued by the office of the Official Liquidator to the respondent demanding to pay Rs.50,697/- shown as due in the list of Trade Debtors forming part of Statement of Affairs. The respondent received notice. The respondent neither replied nor paid the amount due. Hence, this application with the prayer stated supra. 3. Notice to the respondent has been ordered on 06.02.2009. Notice sent to the respondent returned un-served with an endorsement ‘refused’. 4. Affidavit in lieu of chief-examination of PW.1 has been placed on record together with documents, 6 in number, which were marked as Exs.A1 to A6. 5. Heard learned counsel appearing for the Official Liquidator and perused the evidence of PW.1 and the documents brought on record. 6. Ex.A3 is the certified copy of Page No.7 of Debtors Ledger for the year 2-005-06, which shows that debit balance of the respondent herein at Rs.50,697/-. The statement of affairs filed by the Ex-Managing Director of the applicant-Company (in liquidation) also indicates that an amount of Rs.50,697/- is due from the respondent. Hence, the claim against the respondent is proved. 7. The claim of the applicant Company against the respondent is allowed and there shall be a decree against the respondent for a sum of Rs.50,697/- with interest @ 12% p.a. w.e.f. 01.02.2006 till the date of the decree and thereafter at 6% per annum till the date of realization and costs. 8. Accordingly, the Company Application is allowed. ______________________ B.SESHASAYANA REDDY, J. Date:09th March, 2010. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.59 of 2009 in Company Petition No.164 of 2004 Dated:09th March, 2010