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2016 (2) TMI 687 - HC - Companies LawPermit to Official Liquidator - Held that - The Official Liquidator is permitted to pay the outstanding secured dues/ claims first to the secured creditors i.e. Rajkot Nagarik Sahakari Bank Ltd., amounting to ₹ 1,41,82,993/and to the Secured Creditor Oriental Bank of Commerce, amounting to ₹ 5,63,991/in terms of Section 529A of the Companies Act,1956, and thereafter, the claims of preferential creditors and unsecured creditors as mentioned in table B in paragraph 8 of the report, under Section 530 of the Companies Act, 1956, shall be considered as per the funds available in the account of the Company.
Issues:
1. Directions sought by the Official Liquidator for payment of outstanding dues to secured creditors. 2. Consideration of claims of preferential and unsecured creditors. 3. Prayer for disclosure of total amount with the Official Liquidator and payment of pending claims. 4. Decision on Company Applications No. 249 of 2014 and No. 224 of 2013. Analysis: 1. The Judges Summons were filed for the grant of directions to the Official Liquidator to submit a report in compliance with a previous court order. The court had previously directed the disbursement of a specific amount to a secured creditor, subject to certain conditions. The Official Liquidator submitted reports seeking permission to pay outstanding secured dues to specific creditors, including the applicant, in accordance with the Companies Act, 1956. 2. The Official Liquidator's reports detailed the outstanding claims of various creditors, categorized as secured, preferential, and unsecured debts under different sections of the Companies Act, 1956. The reports also mentioned the availability of funds in the company's account and requested permission to prioritize payment to secured creditors before addressing claims of preferential and unsecured creditors. 3. Another application sought disclosure of the total amount held by the Official Liquidator for distribution and payment of specific pending claims, including interest. The court heard arguments from the advocates representing the applicants and the Official Liquidator, ultimately granting permission for the payment of outstanding secured dues to the specified creditors and directing consideration of preferential and unsecured creditor claims based on available funds. 4. The court disposed of both applications by issuing the necessary directions for payment to secured creditors and consideration of other creditor claims. The applicants were required to provide undertakings to address any discrepancies in amounts or potential redeposits, ensuring compliance with the court's orders.
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