Document Fragment View
Fragment Information
Showing contexts for: answer interrogatories in Official Liquidator Of vs M/S Stovekraft Pvt Ltd on 30 November, 2022Matching Fragments
3. Is there any balance confirmation done by the Respondent, with the Applicant, in relation to the alleged outstanding amount of Rs.40,77,594/- (Rupees Forty Lakhs Seventy Seven Thousand Five Ninety Four)?
4. Furnish the copy of the agreement/clause pertaining to charge of interest, if any.
It is humbly prayed that this Hon'ble Court may be pleased to direct the Respondent to answer all the interrogatories above mentioned, and produce the documents sought for, in the interest of justice and equity."
"OBJECTIONS TO INTERROGATORIES BY ANSWER FILED BY THE OFFICIAL LIQUIDATOR UNDER ORDER XI RULE 6 & 9 OF THE CODE OF CIVIL PROCEDURE 1908 That the Official Liquidator attached to this Hon'ble Court is the Liquidator of M/s.Magnum Intergrafiks Private Limited (in liqn) (herein after referred as company in liquidation) most respectfully submits as under to the interrogatories by Stove Kraft, the Applicant:-
1. I object to answer the interrogatories numbered 1 to 4 on the ground that these documents exclusively constitute the evidence of the Respondent's case, and the same is being sought for to escape the liability i.e the debt to be paid and defeat the ends of justice.
2. The interrogatories submitted by the Applicant, M/s.
Stove kraft Pvt. Ltd. is premature and not sufficiently relevant at the present stage of the suit. The Applicant is not supposed to fish out the evidence of the Respondent. The Applicant is attempting to escape the liability in the garb of interrogatories.
3. I object to answer the interrogatory number 1 on the ground that Stove Kraft, the Applicant herein, is trying to collect the evidence and is making a fishing and roving enquiry. Agreement entered between the Applicant, Stove Kraft and the Respondent for the purpose of business transactions is one of the crucial documents in proving the debt and the Applicant instead of contesting the case is trying to extract evidence by way of interrogatories. It is submitted that demand notices were sent to the sundry debtors by the Office of Official Liquidator on behalf of Magnum Intergrafiks Private Limited and the Applicant, Stove kraft, Instead of admitting or denying his liability had sought for the details of the Ex-Director who had claimed Stove kraft to be its trade debtor. The Applicant, Stove Kraft has to either admit or deny his liability and file his reply instead of delivering Interrogatories which are for the purpose of extracting evidence.
4. I object to answer the interrogatory number 2 on the ground that it is irrelevant at the present stage and is also an attempt to compel M/s. Magnum Intergrafiks Private Limited, the Company in Liquidation, the Respondent herein, to disclose the evidence at a premature stage. The purchase orders / Invoices / acknowledgments and ledger statements must also be in the possession of the Applicant and the Applicant by way of Interrogatory is trying to contest his case based on the evidence of the Respondent which he has sought for under the garb of Interrogatories.