Co.Appl.2/09 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Company Application No.2/09 In S.B. Company Petition No.6/1995 RIICO Vs. M/s. Sirohi Cement Ltd. Date Of Order :: 08/07/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Ajeet Bhandari, for applicant. Mr. G.K Garg, for respondent. Instant company application has been filed seeking adjustment of the outstanding dues towards the loan of applicant on the maturity of term deposits. After notice was served reply has been filed by the Official Liquidator. It will be relevant to mention that earlier application bearing no.11/02 was moved by the applicant RIICO which was decided on 9.8.2002 and the order passed reads as under :- On 12.4.2002 the sale of land and building was not confirmed as the court was of the opinion that the wide publicity is not made. Learned counsel for the petitioner submits that notice for inviting the offers has been published in the Economic Times. This fact is admitted by the counsel for the Official Liquidator. Accordingly, the sale of the Co.Appl.2/09 (2) land and building is confirmed. The sale proceeds which is received from the purchaser of the land and building shall be invested in the name of RIICO on account of its dues against M/s. Sirohi Cement Ltd. (in liquidation) in FDR in the Bank of Baroda Branch, Udyog Bhawan. This deposit shall be subject to the conditions that the bank shall not permit pre-mature withdrawal nor shall permit raising of loan in favour of RIICO against this FDR without prior permission of the Court. Liberty to both the parties to apply for modification, cancellation and amendment of this order, if necessity arises. The application stands disposed of accordingly. After notice was served reply has been filed by the Official Liquidator and it has been averred that in terms of the order of this Court dt.3.11.1995, Annx.R-1, the present applicant submitted its claim before the Official Liquidator with a delay of two days in filing of the claim application, in absence of delay being condoned the same could not Co.Appl.2/09 (3) have been processed any further. But it appears that lateron present applicant filed misc. company application no.34/09 under Rule 177 of the Companies (Court) Rules, 1959 seeking direction of this Court to condone the delay in filing claim application, which was allowed by this Court vide order dt.29.4.2010 and taking note thereof, the claim application has now been taken on record. Since it is now pending with the Official Liquidator, this Court considers it appropriate to direct the Official Liquidator to decide the claim application submitted by the present applicant and if the applicant feels aggrieved by the decision being communicated by the Official Liquidator, he will be at liberty to avail the remedy available to him under law. With these directions/observations, the present company application stands disposed of. (Ajay Rastogi),J. VS Shekhawat/-p.3 2CoApl09Jul08FnlDsms.doc