TMI Blog2019 (6) TMI 1155X X X X Extracts X X X X X X X X Extracts X X X X ..... on, 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. - CA No.266 of 2017 With CP No.452 of 2013 CA No.131 of 2017 And CA No.267 of 2017 - - - Dated:- 20-6-2019 - MR ARINDAM SINHA, J. For The Appllant : Mr. Mainak Bose, Advocate For The Respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant form under applicable rules in Companies (Court) Rules, 1959. He presses for orders being made. Ms. Sikdar, learned advocate appears on behalf of Official Liquidator and relies upon impugned letters. She submits, by letter 3rd February, 2017, the office had pointed out that affidavit filed by applicant did not contain any documentary evidence in support of claim nor ledger account had been annexed. By impugned letter dated 23rd February, 2017, the office drew applicant s attention to rules 149, 151, 159 and 160. There has not been compliance and as such, the office does not have proof of claim from applicant. It appears to Court Mr. Bose has contended admission. The admission was made by the company (in l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etition, 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 Liquidator shall in any special case, otherwise direct, in a winding up by Court. 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
