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Judgment
S.K. Keshote, J.—Heard the Official Liquidator and the learned Counsel for the respondent and perused the entire application.
In this application under Sections 446 and 447 of the Companies Act, 1956, the applicant has made following prayer:
(i) The respondent(s) may be summoned and may be examined u/s 477 of the Companies Act of 1956 on oath in order to fix up the liability with regard to the aforesaid amount and order for payment of Rs. 7,400 (Rupees seven thousand four hundred only), as on 7.8.1999 plus further interest @ 9 per cent on the amount thereafter till the date of payment may be passed in favour of the applicant-petitioner and the respondents may be held liable for payment jointly and severally.
(ii) In the alternative the application may kindly be tried u/s 446 of the Companies Act, 1956 and a decree for the outstanding amount may be passed.
(iii) Any other appropriate order or direction which may be considered just and proper in the facts and circumstances of the case may kindly be passed in favour of the applicant.
For the matters of this nature Amfort Agro Finance Limited (in liquidation), I have no hesitation to state that the poor persons, who took the loan of petty amount, are coming up and putting appearance before this Court with all fairness and honesty. The persons, who took the loan of higher sum, they are manipulating or managing even the service of the notices. The respondent has already deposited the principal amount of Rs. 5,000. The prayer made by the applicant for a direction to the respondent for payment of the liability of interest on the principal amount, in the facts and background of the matter, deserves no acceptance. Where a person with all fairness and honesty comes before the court and is not granted any indulgence, it will be injustice to him. It is pertinent to mention here that those clever persons, who are capable to manage the things, are not within the reach of the court and enjoying fruits of money.
Accordingly, this application is disposed of in the terms that the Official Liquidator shall accept Rs. 5,000 towards the full and final payment of the demand made by him from the respondent.