: 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.1660 OF 2008 IN COMPANY PETITION NO.404 OF 1986 Rajesh Nathalal Sheth ..Petitioner. And Modella Woollens Ltd. ..Applicant. Vs. The Official Liquidator of Modella Textiles Industries Pvt. Ltd. ..Respondents. Mr.Zal Andhyarujina with Mr.Nishant Sasidharan and Mr.Kalpesh Nansi i/b.J.Nansi for the Applicant. Mr.S.Ramakantha, Deputy Official Liquidator present. CORAM : S.J. VAZIFDAR, CORAM : S.J. VAZIFDAR, CORAM : S.J. VAZIFDAR, DATED : DATED : DATED : 5TH MARCH, 2009 5TH MARCH, 2009 5TH MARCH, 2009 P.C. : P.C. : P.C. : The Applicant seeks an order directing the Official Liquidator to pay a sum of Rs.34,09,788/- contending that the same is the interest accrued upto 26.10.2006 and also further interest at 12% per annum till payment. 2. Pursuant to the orders passed by the learned Single Judge and by the Appeal Court in Company Application No.482 of 1993, the Applicant has admittedly been depositing various amounts with the Official Liquidator. The same had been invested by the Official Liquidator. 3. The Applicant ultimately succeeded in the Appeal : 2 : Court and the order passed therein by the learned Single Judge was set aside. 4. In the circumstances, the Applicant is entitled to refund of the entire amount deposited pursuant to the said orders. 5. The principal amount has been refunded. The only dispute relates to the interest. The Applicant is not entitled to any interest other than the interest accrued on the investments made by the Official Liquidator of the amounts deposited by the Applicant. 6. Thus, interest accrued on the investments made by the Official Liquidator of the amounts deposited by the Applicant shall be paid by the Official Liquidator to the Applicant on or before 2.4.2009. 7. The parties, including the Applicant, shall appear before the Official Liquidator in the first instance at 11.00 a.m. on 23.3.2009 and thereafter, if necessary, as directed by the Official Liquidator. 8. Company Application stands disposed of : 3 : accordingly.