IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 CC.No. 641 of 2005() --------------------------------- (IN C.P.NO.61/2000) (IN THE MATTER OF M/S.VAISALI KURIES AND INVESTMENTS (P) LTD., (IN PROVL.LIQUIDATION) ......... CLAIMANT(S): ---------------------- THE OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING M/S. VAISALI KURIES AND INVESTMENTS (P) LIMITED (IN PROVL. LIQUIDATION). BY ADV. SMT.S.JASMINE RESPONDENT(S): ---------------------------- SRI. T.R.SATHYANARAYANA SHETTY BY ADV. SRI.K.S.BABU THIS COMPANY CLAIMS HAVING BEEN FINALLY HEARD ON 30/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CC.NO.641/2005 APPENDIX CLAIMANTS' ANNEXURE: ANNEX.A: COPY OF THE REPLY RECEIVED FROM THE EX-MANAGING DIRECTOR. RESPONDENT'S ANNEXURES: R1: COPY OF CHEQUE NO.455810-560057002 DTD. 10/06/1999. R1(A): COPY OF THE CHEQUE RETURNED REMITTANCE MEMO DTD. 25/06/1999. R1(B): COPY OF THE LAWYER NOTICE DTD. 4/04/2000. R1(C): COPY OF THE ENVELOPE. R1(D): COPY OF THE ENVELOPE. R1(E): COPY OF THE ENVELOPE. R1(F): COPY OF RELEVANT PAGES OF PASS BOOK. /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN, J. --------------------------------- C.C. No.641 OF 2005 --------------------------------- Dated this the 30 th day of November , 2011 J U D G M E N T This company claim is filed by the Official Liquidator for recovery of an amount of Rs. 3,51,500/- from the respondent as a debt due to the company in liquidation. 2. The Official Liquidator has today filed a memo which reads as follows. “It is respectfully submitted that the company claim No. 641/2005 in CP 61/2000 was filed by the Official Liquidator under section 446 of the Companies Act, 1956 for a decree of the kuri defaulted amount of Rs.3,51,500/- together with interest at the rate of 12% per annum from 22-08-1998 against the respondent on the basis of the Statement of Affairs filed by the Ex- directors of the company. The above claim relates to the kuri conducted by the Bangalore Branch of the company. The ledger relating to this kuri is not available with Official Liquidator. It was not handed over by the ex-directors of the company. Official Liquidator has sent a letter to ex-managing director requesting him to handover the ledger relating to this company claim. A reply has been received from the ex-managing director explaining his inability to produce the same. A copy of the reply received from the ex- managing director is produced herewith as Annexure-A Since the ledger relating to this kuri is not available, C.C. No.641 OF 2005 x 2 Official Liquidator is unable to prove this claim. In the above circumstances it is respectfully prayed that this Hon'ble court may please consider the facts stated herein above and pass such appropriate orders in the matter.” 3. In so far as without the ledger, the Official Liquidator cannot prove the claim, it is only appropriate that further proceedings in the claim be dropped as requested by the Official Liquidator. Accordingly, this company claim is closed. However, the amount covered by this company claim shall be included in the misfeasance application to be filed against the ex -directors. S.SIRI JAGAN. JUDGE mm C.C. No.641 OF 2005 x 3 C.C. No.641 OF 2005 x 4