Delhi High Court - Orders
Re-Hoffland Finance Ltd vs Unknown on 8 August, 2024
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~C-31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 351/1999
RE-HOFFLAND FINANCE LTD. .....Petitioner
Through: Mr. Ramesh Babu with Ms. Manisha
Singh, Ms. Jagriti Bharti and Ms.
Tanya Chowdhary, Advocates for
RBI.
versus
.... .....Respondent
Through: Ms. Ruchi Sindhwani, Senior
Standing Counsel with Ms. Megha
Bharara, Advocate for OL.
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 08.08.2024 CO.APPL. 685/2024 (Seeking clarification of order dated 11.07.2024).
1. The instant application under Rule 9 of the Companies (Courts) Rules, 1959, has been filed on behalf of the Official Liquidator seeking following reliefs:
„i) Application on behalf of the official liquidator may kindly be taken on record;
ii) Order dated 11.07.2024 may kindly be clarified to the extent that the prayer for disbursement i.e. prayer clause (iii) in OLR No. 62/2024 may be allowed and this office may be permitted to disburse the 3228 admitted claims of the creditors/claimants amounting to Rs. 13,93,16,021.25;
iii) Such other order(s) be passed as this Hon‟ble Court may deem fit and proper."
2. Learned Standing Counsel appearing on behalf of the Official Liquidator (hereinafter "OL"), while referring to order dated 11th July, 2024, submitted that the prayer made by the Standing Counsel for OL in OLR no.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/08/2024 at 23:55:21 62/2024, thereby, seeking permission to disburse the admitted amount of Rs. 13,93,16,021.25/- to 3228 creditors/claimants as per Annexure-C, was inadvertently not granted in the order dated 11 th July, 2024, although the other prayers made in OLR 62/2024 were allowed.
3. It is further submitted that the reference of the said submission has already been noted by this Court in paragraph no. 4 of the order dated 11 th July, 2024, however, the same is not mentioned in the relief granted by this Court in the said order.
4. Heard learned Standing Counsel appearing on behalf of the OL and perused the contentions made in OLR 62/2024 as well as CO.APPL. 685/2024 including the order dated 11th July, 2024.
5. In view of the aforesaid facts and circumstances, this Court is inclined to allow the instant application. Accordingly, paragraph no. 7 of the order dated 11th July, 2024 is modified and shall now be read as follows:
"Keeping in view the submissions and prayers made by the learned Standing Counsel appearing on behalf of the Official Liquidator, the Official Liquidator is permitted to send admission notices to all the additional 13 claimants. Additionally, the Official Liquidator is permitted to disburse the admitted amount of Rs. 13,93,16,021.25/- to 3228 creditors/claimants as per list annexed as Annexure-C to this report. Furthermore, the delay in filing the claims of 87 claimants in Category-C as per the report of the Chartered Accountant is condoned."
6. In view of the above, the instant application is allowed and stands disposed of.
CHANDRA DHARI SINGH, J AUGUST 8, 2024 Rk/ryp Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/08/2024 at 23:55:21