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2015 (3) TMI 655 - HC - Companies LawRe-examination of claim by the official liquidator - Refund of amount to the official liquidator - Violation of principles of natural justice - Held that:- We find substance in the contention of the learned counsel for the appellant that re-examination thereof behind the back of the appellant by the Chartered Accountant and the filing of the application being C.A.No.01/2010 by the official liquidator behind the back of the appellant was contrary to the binding principles of natural justice as well as law. It is pointed out by Mr. Vikas Sharma, learned counsel that in terms of the order dated 18th of April, 2006 the appellant has been granted interest up to 1st of October, 1997 only and nothing beyond that. The computation of the interest is based on the hire purchase agreement as well as fixed deposit receipt of the company.The rates of interest and the computation stood verified by the official liquidator and the court in 2006. We are informed that there is an amount of ₹ 15,00,000/- lying credited with the office of the official liquidator. No further claims are pending. We are informed that Smt. Madhu Bala is a senior citizen who is residing in Meerut. Her husband is stated to be a pensioner who has been compelled to contest the case in Delhi since 2010 when notice in Co. Application No.01/2010 was issued. We are of the view that they have been unreasonably harassed. For all these reasons, the order dated 28th May, 2013 directing the appellant to refund the amount to the official liquidator with interest is hereby set aside and quashed. The appellant shall be entitled to costs which are quantified at ₹ 20,000/- which shall be sent by demand draft to the appellant at her address on the memo of parties within a period of four weeks from today.- Decided in favour of appellant.
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