gopi 1 app-808-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL LODGING NO.808 OF 2010 IN COMPANY PETITION NO.352 OF 2005 Print House (India) Pvt. Ltd. ..Petitioner Vs. Deven Lilitkumar Thakkar ..Respondent Mr. Mahesh Patil i/b. G.S. Manasawala for the appellant. Mr. S.A. Bhagwat for Official Liquidator. Mr. D.M. Joshi for respondent. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. 18 July 2011 PC: In compliance of the order dated 19 November 2010 of this Court, the appellant company has deposited an amount of Rs.14.00 lakhs with the Official Liquidator. The Official Liquidator thereafter issued an advertisement and invited the claims of creditors of the appellant company. It appears that M/s.Bharat Co-operative Bank Ltd., is the only creditor which submitted its claim for Rs.14,53,49,710.48 paise as per their affidavit submitted to the Official Liquidator on 14 December 2010. It further appears that the Bharat Co-operative Bank Ltd., has withdrawn their claim in view of the undertaking of the company for repayment of the outstanding dues of the bank. 2. In view of the application dated 12 January, 2011 made by the gopi 2 app-808-11.sxw Manager (Legal), Creditor/Bank supported by the affidavit of the said officer for permission to withdraw their claim application dated 23 November 2010, we permit the Bharat Co-operative Bank Ltd., to withdraw the claim affidavit filed with the Official Liquidator as per application dated 23 November 2010. We also permit the Official Liquidator to make payment of Rs.14.00 lakhs to the petitioning creditor in full and final settlement of his claim as per order dated 19 November 2010 by account payee cheque drawn in favour of the petitioning creditor within one week from today. The Appeal is accordingly allowed. The impugned order dated 19 July 2010 of the learned trial Judge accordingly stands set aside. 3. The balance costs of the Official Liquidator excluding the advertisement expenses are quantified at Rs.10,000/- and shall be paid over from the interest earned on the deposit of Rs.14.00 lakhs with the bank. The rest of the interest amount shall be paid to the petitioning creditor by account payee cheque within one week from today. Appeal stands disposed of accordingly. CHIEF JUSTICE GIRISH S. GODBOLE, J.