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2019 (6) TMI 1155 - HC - Companies LawWinding up - proof of debt - Evidence Act - HELD THAT:- Where the company (in liquidation) is said to have admitted a debt owing to applicant, Official Liquidator is not included as a person with regard to such admission made a by party in the winding up action. Official Liquidator came in upon order of winding up. Admission by the company (in liquidation), relied upon by Court to direct winding up, therefore, is not available as proof required by the office. This is so because the office, not being a party, had not made the admission but is requiring proof of debt. The office, if can be said to be a person, has derived interest from a party in the winding up proceeding under the statute but that situation is not provided for in Evidence Act, with regard to admissions. The office has before it Court’s satisfaction to direct winding up. Applicant will furnish proof of money transfer to the company (in liquidation). Official Liquidator might then consider whether this is sufficient, as a special case, since this Court will not make a direction dispensing with proof altogether. Application disposed off.
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