THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO C.A.NO.1836 OF 2009 in C.A.NO.1733 OF 2008 In C.P.NO.122 OF 1999 ORDER: When this Application has been taken up on the last occasion, I suggested a Report to be filed by the Official Liquidator in the matter. Accordingly, the Official Liquidator is present in the Court today and also filed a detailed report in the matter. He has indicated the expenses incurred on account of the Company till 26-10-2009. This expenditure came to Rs.60,184/-. After incurring the above expenditure, an amount of Rs.7,65,178-25 ps. is lying in the credit of the Company. An amount of Rs.16,227-25 ps. has been realized by the Official Liquidator towards interest on the Fixed Deposit Receipt made on Rs.8,00,000/- deposited by the Applicant. Out of the total expenditure incurred, a sum of Rs.43,200/- was shown towards legal expenses. It was sought to be explained that the case file had been pending for a number of years and that taking into consideration the time consumed in attending to it and the proportionate expenditure incurred on the human resources, the legal expenses have been got calculated and he suggests that they have got to be defrayed. I consider it appropriate to allow the Official Liquidator to appropriate a sum of Rs.16,227-26 ps earned by him as interest on the Fixed Deposit Receipt and the said amount may be appropriated to the estate and establishment fund maintained by the Official Liquidator, towards legal expenses. Similarly, rest of the expenditure, other than the legal expenses, may also be appropriated, but however, it will be appropriate to return to the Applicant herein the rest of the sum of Rs.8,00,000/- deposited by him. Therefore, the Official Liquidator is directed to recalculate the expenditure incurred, confining the legal expenses only to the extent of the amount earned as interest on the Fixed Deposit Receipt and then refund the balance of money out of Rs.8,00,000/- deposited by the Applicant, to him, as a settlement for once and for all, on or before 10-11-2009 by drawing a crossed account payee cheque or by way of a crossed account payee demand draft. The rest of the expenditure, which has been indicated in the Report, is found acceptable and accordingly, it is approved. With this, the Application is allowed. No costs. -------------------------------- Nooty Ramamohana Rao, J 30th October 2009 mrk