THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY C.A.Nos.971 & 972 OF 2011 COMMON ORDER These two applications have been filed by the Official Liquidator representing M/s. Bull Power Systems Limited in liquidation seeking permission to vary the list of creditors of the company and also an order to declare the dividend @ 9.8432% amounting to Rs.1,37,072-17ps. This Court by order dated 26-02-2008 made in RCC No.11 of 2001 directed for winding up of M/s. Bull Power Systems Limited and appointed the Official Liquidator as its liquidator. During the course of winding up proceedings, the Official Liquidator took possession of the assets of the company in liquidation and put them to auction and realized a total sum of Rs.255 lakhs. The Official Liquidator invited claims from the creditors of the company by publishing notice in Form No.63 fixing the last date for receipt of claims as 6-12-2005. The Official Liquidator received claims from the creditors including workmen union. All the claims were duly adjudicated by the Official Liquidator and Form No.69/70 was issued. On completion of adjudication of all the claims, the Official Liquidator filed list of creditors before this Court. This Court by an order dated 13-06-2008 passed in C.A.No.558 of 2008 took the certificate in form No.71 on record. Thereafter, ICICI Bank whose claim was rejected in toto was re-adjudicated by admitting an amount of Rs.18,30,30,370.23 ps as secured debt in view of the order passed in Appeal No.2 of 2009. The Official Liquidator filed C.A.Nos.1874 of 2009 & 1875 of 2009 for taking on record Form No.71 and also to declare the first dividend @ 9.8432% to secured creditors and workmen of the company. The said application came to be ordered on 27-10-2009. After declaring the said dividend, the Official Liquidator adjudicated the claim of the Provident Fund Department and admitted an amount of Rs.13,92,557/- as secured debt vide Form No.70, dated 25-07-2011. In view of the adjudication of the claim of the Provident Fund Department, varying the list of the creditors has been necessitated. Hence, these two applications. Heard the learned counsel appearing for the Official Liquidator and perused the material placed on record. Varying the list of creditors has become eminent in view of adjudication of claim of the Provident Fund Department. In that view of the matter, these two applications are ordered permitting the Official Liquidator to vary the list of creditors of the company submitted before this Court in Form No.71 of the Companies Court Rules, 1959. Dividend @ Rs.9.8432% amounting to Rs.1,37,072-17ps has been declared to Provident Fund Organization. Publication of notice of declaration of dividend in newspapers is dispensed with. The Official Liquidator is permitted to send notice to Provident Fund Department individually. __________________________ B.SESHASAYANA REDDY,J rkk Dated: 24-08-2011