1. This is claim petition under sub-section (2) of Section 446 of the Companies Act, 1956 for recovery of Rs. 12,610.15 p. The Petitioner-company was carrying on finance business at Jullundar. A petition for its winding up was filed on June 9, 1969. The company was ordered to wound up by this Court in Civil Original 26 of 1969, on 9-1-1970 (Punj). The official Liquidator attached to this Court was appointed the liquidator of the company. He has, therefore, filed this claim petition on behalf of the company in his official capacity.

2. The claim is that on December 27, 1962 a sum of Rs. 6,000/-was lent by the company to R. L. Soni respondent and the same was repayable with interest at 12 percent per annum which is the usual rate at which the company charged interest on loans granted by it. According to the claim petition, part payment of Rs. 594/-and Rs. 500/-were made in cash by the respondent towards principal interest in account on April 12, 1965 and May 21, 1966 respectively. Another sum of Rs. 1,000/-is said to have been paid to the company by cheque Exhibit P.7 on June 15, 1966, but the said cheque was dishonoured.

3. The claim has been contested by the respondent. Acc