The period of pendency of winding up proceedings and one year thereafter can be excluded in computing the limitation period for suits or applications on behalf of a company in liquidation under Section 458-A of the Companies Act, 1956.

Ashok Bhan, J.

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 M/s United Hire Purchase & Land Finance (P). Ltd. - Company in liquidation, (hereinafter referred to as the Company). Claim petition has been filed for releasing unpaid called amount together with interest thereon from the respondent.

2. 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 equipments and all other articles that the Company may deem fit.

3. C.P. No. 10 of 1980 was filed in this Court on 15.1.1980 for winding up of the company. The Company was ordered to be wound up under the orders of this Court on 22.8.1985. 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 10.7.1987 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 @ 18% per annum within a period of 15 days from the date of the issue of the 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 Ex-P.W.2/2. Respondent did not make any payment and thereafter the present petition was filed on 29.4.1991 with a prayer that an order be passed against the respondent for payment of Rs. 16,245/- plus interest @ 18% per annum from the date of the last transaction i.e. 6.8.85 till its payment.

4. Upon service of the petitioner, written statement was filed by the respondent. Respondent denied his liability to pay any amount. It was stated in the reply that no copy of any agreement or of any document showing any advance of loan has been attached with the petition.

5. Replication to the written statement was filed in which the allegations made in the written statement were controverted and the averments made in the petition were reiterated.

6. Upon the pleadings, the following issues were framed :-

(i) Whether the amount alongwith interest as claimed in the petition is due from the respondent? OPP.

(ii) Whether the present petition is within limitation? OPP.

(iii) Relief

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7 Parties led their evidence. On behalf of the Company PW 1, Sh. Paramjit Singh, Ex-Managing Director and P.W. 2 Sh. K.G. Chawla, an Official of the Official Liquidator were produced. On behalf of the respondent, Kartar Singh, himself appeared as R.W. 1. No other evidence was led. By way of documentary evidence, petitioner produced Accounts of the respondent as per ledger maintained by the Company in due course of its business as Ex. P.W. 1/2. Ex. P.W. 2/2 is the A.D. receipt showing service of the notice sent by the official liquidator to the respondent.

8. It has been stated by P.W. 1, Paramjit Singh, Ex-Managing Director of the Company that Kartar Singh-respondent took a sum of Rs. 20,400/- as loan. After taking into consideration the repayment made by him a sum of Rs. 16,245/- was still payable by him as debt to the Company, which has been shown outstanding against Kartar Singh in the statement of accounts filed before the official liquidator. In the cross-examination the veracity of the accounts maintained by the Company was not challenged. P.W. 2, official from the Official Liquidator is a formal witness, who has simply stated that according to the statement of affairs and the accounts filed with the official liquidator, a sum of Rs. 16,245/- is due from Kartar Singh. Kartar Singh in his statement as R.W.1, denied that he had taken a loan of Rs. 20,400/- f