2019 (7) TMI 106

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..... he Official Liquidator to adjudicate the claim of the appellant by entertaining a fresh claim is not to once again undertake adjudication process for determination of the amount payable, as the amount initially determined by the Official Liquidator through Form 69 dated 08.06.2015 has been set aside by this Court in Criminal Appeal No.9 of 2015, dated 06.10.2015 - the entitlement amount that has to be paid to the appellant stands determined and now what all is required to be done is the disbursal of the entitled amount. The order dated 06.10.2015 needs to be understood in the context of the material on record and the developments which have taken place. The Official Liquidator is directed to take necessary steps for disbursal of the amou .....

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..... e extent of ₹ 9,94,47,759/- with interest at 21.5% per annum on the said amount from 21.02.2009 till the date of winding up order dated 30.08.2010 (totaling to ₹ 13,19,87,011/-), and the claim for ₹ 12,29,75,483/- was rejected. Aggrieved by the same, the applicant filed Company Appeal No.9 of 2015 which was allowed by this Court by order dated 06.10.2015, holding as under: In the above view of the matter, the order of the Assistant Official Liquidator, dated 08.06.2015, to the extent of rejecting the balance claim of ₹ 12,29,75,483/- claimed towards term loan cannot be sustained and the same is accordingly set aside. The respondent is directed to take necessary steps to se .....

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..... l of the order dated 06.10.2015 passed in Company Appeal No.9 of 2015 does not indicate that the intention of the Court in directing the Official Liquidator to adjudicate the claim of the appellant by entertaining a fresh claim is not to once again undertake adjudication process for determination of the amount payable, as the amount initially determined by the Official Liquidator through Form 69 dated 08.06.2015 has been set aside by this Court in Criminal Appeal No.9 of 2015, dated 06.10.2015. In other words, the entitlement amount that has to be paid to the appellant stands determined and now what all is required to be done is the disbursal of the entitled amount. The order dated 06.10.2015 needs to be understood in the co .....

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