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14. Recently, a Division Bench of this Court in respondent's own case, in M/s M-Tech Developers Ltd. v. Swapna Bhattacharya: Co. App. No.22/2014, decided on 21.04.2014 relying upon the decision of the Supreme Court in the case of Vijay Industries (Supra) has also held that in the winding up proceedings, the Company Judge is empowered to determine the question of interest and the rate thereof on applying the principle of the restitution. The court held as under:-

"13. We accordingly affirm the findings of the learned Company Judge on the aspect of interest payable to the Respondent and reject the contention of the Appellant that the question of interest should be left to be determined by a Civil Court. The Supreme Court in the case of Vijay Industries (supra) has unequivocally clarified that it is well within the domain of the Company Judge seized of a winding up petition to enter into the question of interest and the rate thereof - the application for winding up cannot be dismissed; interest is payable by way of restitution. The ratio of this judgment has been followed by this Court in Bhajan Singh Samra (supra), wherein reliance has also been placed on the judgment of a learned Single Judge of this Court in Devendra Kumar Jain (supra).