- (1.) The present appeal arises out of an Order dated 26th July, 2013, passed by the Hon'ble Single Judge in C.P. No. 660 of 2011.
(2.) In the said C.P. No. 660 of 2011 filed by Durgapur Steels Limited being the company in liquidation, one Gopal Kumar Sanei affirmed an affidavit on 12th March, 2013, in his capacity as one of the Directors of G.S. Fertilizers Private Limited, a supporting creditor. In the said affidavit it was contended by the supporting creditor that at the request of the company in liquidation G.S. Fertilizers Private Limited, the supporting creditor, agreed to make an intercorporate deposit for a sum of Rs.60,00,000/- (Sixty Lakhs) only, with the company in liquidation for a period of 247 days reckoned from 28th April, 2010 to 31st December, 2010, at an agreed rate of interest for 19% per annum. It is claimed by the supporting creditor that the aforesaid term of inter-corporate deposit would be evident from their letter dated 28th April, 2010, written by G.S. Fertilizers Private Limited to the company in liquidation and that the said inter-corporate deposit of Rs.60,00,000/- (Sixty Lakhs) only, was made by way of RTGS from the account of G.S. Fertilizers Private Limited. A copy of the said letter dated 28th April, 2010 has been annexed by the supporting creditor to his application. It has been claimed by the supporting creditor that the company in liquidation duly acknowledged the said inter-corporate deposit of Rs.60,00,000/- (Sixty Lakhs) only, and handed over a post-dated cheque for the said amount drawn on the Royal Bank of Scotland N.V. Braborne Road, Kolkata, being Cheque No. 310891 dated 30th December, 2010. It has been, further, claimed that the company in liquidation also promised to pay interest after encashment of the said cheques. Copy of the said cheque has, also, been annexed by the supporting creditor to his affidavit.
(3.) It has been submitted by G.S. Fertilizers Private Limited that at the request of the company in liquidation G.S. Fertilizers Private Limited deposited the said cheque with its Bankers, State Bank of Hyderabad, Park Street branch, on 30th March, 2011, but the Bankers of the company in liquidation, the Royal Scotland Bank, N.V., returned the said cheque unpaid with the remark "refer to drawer".;