1507cao820.11 & 879.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. COMPANY APPLICATION (O) NO.820 OF 2011 IN COMPANY APPLICATION NO.146 OF 2008 IN COMPANY PETITION NO.7 OF 2001 Bank of Maharashtra VERSUS Official Liquidator and COMPANY APPLICATION (O) NO.879 OF 2011 IN COMPANY APPLICATION NO.377 OF 2010 IN COMPANY PETITION NO.7 OF 2001 Bank of India VERSUS Official Liquidator ......................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ......................................................................................................................................... Shri Tushar Darda, Counsel for the Applicants. Dr.Anjan De, Counsel for the O.L. CORAM : R. K.DESHPANDE, J. DATE : 15. JULY, 2011. This application seeks disbursement of .....2/- 1507cao820.11 & 879.11.odt 2 the amount as determined by the Official Liquidator on 12.2.2009 as was communicated to the applicant and several creditors on 20.2.2009 in exercise of his power conferred by Rule 163 of the Company (Court) Rules and in accordance with Sections 529 and 529 A of the Companies Act and Rules 154, 156 and 179 of the said Rules. The claim of the applicant is that they have furnished an undertaking in terms of the order dated 16.12.2010 passed by this Court and in view of the judgment and order dated 7.6.2011 passed by this Court, they are entitled to get the amount. Dr.Anjan De, the learned Counsel appearing for the Official Liquidator has opposed the claim for disbursement of the amount on the ground that in terms of Clause (viii) in para-52, the amount determined on 12.2.2009, cannot be disbursed. Clause (viii) of para-52 is reproduced below-- “(viii) The claim of the Official Liquidator made in the Official Liquidator's Report No.24 of 2009 for distribution of dividend declared pursuant to the order passed by this Court on 6.3.2009, shall be considered as and when the Apex Court decides the matter, and the parties are at liberty to move appropriate applications before this Court after the decision of the Apex Court, .....3/- 1507cao820.11 & 879.11.odt 3 or on the basis of the subsequent events. Official Liquidator's Report No.24 of 2009 stands disposed of accordingly.” Dr.Anjan De, the learned Counsel appearing for the Official Liquidator does not dispute that the distribution of the dividend as above has nothing to do with the determination by the Official Liquidator on 12.2.2009. In view of this, the Official Liquidator was wrong in withholding the amount on the basis of Clause (viii) in para-52 of the judgment. The matter is covered by Clause (i) in para-52 of the judgment. The application thus disposed of. So far as the direction to the Official Liquidator to make the payment of the amount determined on 12.2.2009 is concerned, this Court has not issued any prohibitory order restraining the Official Liquidator for disbursal of such amount covered by Clause (i) in para-52 of the judgment. It will be open for the Official Liquidator to file appropriate application if required under any provision, for obtaining such direction. The application stands disposed of. JUDGE BrWankhede ...../-