1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR O.L.R.Nos. 61, 62, 65, 66, 67, 68, 69, 70, 72, 73, 76 & 77 OF 2001. In the matter of M/s. Orange City Builders Pvt. Limited [In liquidation] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : AUGUST 13, 2010. In all these O.L.R., the Official Liquidator has sought leave to demand balance amount from the persons/non-applicants who have booked flat with M/s. Orange City Builders Pvt. Ltd., under liquidation. After hearing the parties on last occasion, notice was issued to secured creditor – Central Bank of India. Central Bank of India has filed reply pointing out that it has no claim against any flats located in Sahyog and Guruprem Apartments which forms subject matter of the application. Shri Samel, learned Counsel for Central Bank states that Bank has claim against some flats in Nilay Apartments. 2 Learned Counsel appearing for Official Liquidator as also Shri K. Lambat, learned Counsel, were heard and they were also accommodated to find out the correct position. It has become clear that in agreement entered into by the company in liquidation with respective purchasers [involved in the present matter] there is no escalation clause. It is therefore, obvious that the Official Liquidator cannot demand any escalation from those persons/non-applicants. Today Shri Deshpande, learned counsel has stated that in some matters apart from escalation, there are other demands. He is seeking time to file appropriate chart in relation thereto. Shri Lambat, learned Counsel has pointed out that the chart showing outstanding were already filed and the non-applicants have shown that no amount is outstanding. He argues that a statement that entire amount is paid by all the non-applicants in present matter to the company in liquidation. In this situation, I find that interest of justice can be met with by permitting the respective non-applicants to approach the Official Liquidator with an application to execute appropriate title document in their favour in accordance with law. The Official Liquidator can also look 3 into the records/accounts and point out to such non- applicants any amounts which he finds outstanding and recoverable from them. It is made clear that any demand on account of any escalation shall not form part of such outstanding. The non-applicants shall approach the Official Liquidator within 4 weeks from today by making appropriate application, and the same shall be considered by the official Liquidator within a further period of 8 weeks thereof. With these directions, present O.L.Rs. are disposed of, with no order as to costs. JUDGE Rgd.