- (1.) THE present claim petition has been filed under Section 446 (2), read with Section 468 of the Companies Act, 1956, referred to as "the Act", by the official liquidator of United Hire Purchase and Land Finance (P) Ltd. (company in liquidation) (hereinafter referred to as "the company" ). A claim petition has been filed for releasing the unpaid called amount together with interest thereon from the respondent.
(2.) THE company was doing business to purchase, sell, hire out or sell on hire purchase system all kinds of vehicles, motor cycles, rickshaws, gramophones, pianos and musical instruments, machines, etc. , house equipment and all other articles that the company may deem fit.
(3.) COMPANY Petition No. 10 of 1980 was filed in this court on January 15, 1980, for winding up of the company. The company was ordered to be wound up under the orders of this court on August 22, 1985. Ex-managing director filed the statement of affairs with the official liquidator and books of account were handed over to him. On the scrutiny of accounts and from the statement of affairs, it was found that a sum of Rs. 16,245 was due against the respondent and realizable by the petitioner. That notice, vide No. UHIF/12 Liqn. /1762, dated July 10, 1987, was sent to the respondent by registered as well as ordinary post by the official liquidator asking him to pay a sum of Rs. 16,245 plus interest at 18 per cent. per annum within a period of 15 days from the date of the issue of notice, failing which the amount shall be recovered through the process of the court. These notices were duly served. Acknowledgment due receipt was returned which has been exhibited as exhibit PW-2/2. The respondent did not make any payment and thereafter the present petition was filed on April 29, 1991, with a prayer that an order be passed against the respondent for payment of Rs. 16,245 plus interest at 18 per cent. per annum from the date of the last transaction, i. e. , August 6, 1985, till its payment.;