9911796707
TMI Blog2022 (3) TMI 200X X X X Extracts X X X X X X X X Extracts X X X X ..... the re-adjudication work was made, instead of stating that, the calculation of arrears of wages for the years 1990 to 1993 were partially made - this Court, by the order dated 13.12.2019 in C.A.No.447 of 2019, permitted the Official Liquidator to publish notice in block letters/bold letters to contributories to prove the claim/extent of interest held by them in the subject Company in liquidation, in the The New Indian Express and Malai Malar . In compliance of the said order, the Official Liquidator issued notice. Subsequently, in response, one contributory has come forward with his claim and the same is pending for adjudication to proceed further in the matter - also, it is seen that the additional payment of dividend was already made to the appellant/Bank. Since the learned Official Liquidator has paid the amounts to the appellant/Bank, as per the earlier orders of this Court, nothing survives for consideration in this appeal - appeal dismissed. - O.S.A. No.61 of 2019 And CMP.No.5815 of 2019 - - - Dated:- 25-1-2022 - Honourable Mr.Justice T.Raja And Honourable Mr. Justice D.Bharatha Chakravarthy For the Appellant : Mr.S.Patrick For the Respondent : Mr.S.Gopala ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceeds of ₹ 76,50,00,000/ and the same was kept in an interest bearing deposit by the Official Liquidator. Thereafter, Company Application in C.A.Nos.889 of 2012 and 890 of 2012 were filed and this Court by the order dated, 20.12.2012, directed the Official Liquidator to pay a sum of ₹ 18,23,95,863/- to the appellant/Bank. The Official Liquidator also paid a sum of ₹ 15,50,00,000/- on 12.01.2013 and ₹ 2,73,95,863/- on 18.01.2013. 4. In the meantime, the Debt Recovery Appellate Tribunal, Chennai allowed the appellant's appeal in A.I.R.462 of 2008, which was numbered as R.A.No.100 of 2013, observing that the appellant/Bank is entitled for 19.5% interest per annum with quarterly rests on the suit amount of ₹ 6,54,67,369.03 from the date of filing of the suit and also directed the Debt Recovery Tribunal, Coimbatore to recall the earlier recovery certificate issued by it and issue a fresh recovery certificate in terms of the order passed by the Debt Recovery Appellate Tribunal. Thereafter, the Debt Recovery Tribunal issued a fresh recovery certificate in DRC No.92 of 2013 for ₹ 1076,81,74,558.03, i.e., outstanding as on 31.12.2013, after givi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court, vide order dated 27.03.2014 disposed of the above applications and the operative portion of the order reads as follows: From the above, it is very clear that the applicant bank will be entitled to the amount from the date of decree to the date of winding up with interest at the rate of 19.5% as ordered by the Appellate Tribunal and the total amount payable under the decree has been rightly determined in para-12 of the report of the Official Liquidator at ₹ 22,11,41,880/- and the Official Liquidator has already paid ₹ 18,23,95,863/- pursuant to the orders of the Tribunal. Therefore, the deficit of ₹ 3,87,46,017/- alone remains to be paid to the applicant Bank. 8. The above order clearly shows that there was a direction to the Official Liquidator to pay the appellant/Bank a sum of ₹ 3,87,46,017/- and the same was also paid. Thereafter, he filed a report dated 27.12.2021. On a perusal of the same, it would show that total amount of ₹ 27,08,97,080.44 was paid to the appellant/Bank. The relevant paragraph of the said report is extracted hereunder:- S. No. Amount admitted Descrip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icial Liquidator to file a complete and comprehensive additional report and the the Official Liquidator also filed a detailed report on 15.10.2020, for which, the appellant/Bank also filed their objection. Finally, when the matter came up for hearing on 19.03.2021, this Court directed the the Official Liquidator to file the details of the re-adjudication of workmen claims with break ups on the next hearing. Accordingly, the Official Liquidator also filed a report dated 25.06.2021 with break-up details of workmen. Later, the Official Liquidator submitted that the re-adjudication work has not been completed for the reason that the disbursement work of interest amount at 4% was going on during that time. However, inadvertently, it was mentioned in the report dated 25.06.2021 that the re-adjudication work was made, instead of stating that, the calculation of arrears of wages for the years 1990 to 1993 were partially made. The Official Liquidator made the following details for re-consideration:- S.No. Particulars No. of claims 1. Total No. of claims of workmen received 28 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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