: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.80 OF 2009 IN COMPANY PETITION NO.283 OF 1994 Central Bank of India ..Applilcants. Vs. Official Liquidator of M/s.Prithvi Cotton Mills Ltd. (in liquidation) ..Respondents. Mr.Chetan Kapadia with Mr.O.A.Das for the Applicants. Mr.S.Ramakantha, Deputy Official Liquidator. CORAM : S.J. VAZIFDAR, CORAM : S.J. VAZIFDAR, CORAM : S.J. VAZIFDAR, DATED : DATED : DATED : 22ND JANUARY, 2009 22ND JANUARY, 2009 22ND JANUARY, 2009 P.C. : P.C. : P.C. : By this Company Application, the Applicants seek payment of its dues by the Official Liquidator. It is not possible to grant this relief at this stage despite the fact that the Official Liquidator had adjudicaated the Applicants claim in the sum of Rs.,54,07,692. This is for the reason that the workmen’s claim have not been adjudicated as yet. 2. It is not possible to grant this relief despite the undertaking to refund any amounts, if so required, including towards the worker’s dues. The issues that arise relate to the amounts which will : 2 : be available for distribution upon the winding up proceedings coming to a conclusion. It is not possible to permit any one creditor to retain the amount without being made liable for interest which the company may otherwise earn. 3. At present the amounts are invested in a fixed deposit of a nationalised bank pursuant to the orders of this Court. The Official Liquidator shall however, upon maturity of amounts upto the extent of the Applicant’s claim, invest the same with the Applicant in a fixed deposit provided the Applicant agrees to pay interest at the highest rate offered by nationaised banks. 4. The Official Liquidator for the purpose of ascertaining the highest rate, shall take all steps necessary. ***