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2021 (8) TMI 721 - HC - Companies LawSeeking extension of time for making the payment of dividend to the remaining contributors - seeking directions regarding publishing of advertisements and notices and to make payment to advertisement agency from the fund of the company (In Liquidation) - HELD THAT:- The Official Liquidator is directed to make the payment of dividend to the remaining contributors strictly in accordance with law within a period of 60 days from today. The Official Liquidator shall be required to publish one more advertisement in daily news paper Rajasthan Patrika (Hindi) and Hindustan Times (English) through advertisement agency & publish the notice in Form No.63 under Rule 148(1) of the Companies (Court) Rules, 1959, while making the payment to advertisement agency from the fund of the company - Application disposed off. Seeking direction regarding typist-cum-clerk to do the work of typing etc. - HELD THAT:- The application is allowed. The Official Liquidator shall do the needful, as sought to be made, strictly in accordance with law. Seeking increase in professional fees - HELD THAT:- The application is allowed. The fee of the lawyer as proposed i.e. ₹ 25,000/- per month is allowed and the same shall be payable from the date of application. Seeking to release the claimed and settled amount to Shri Inder Kumar Agarwal of M/s Govindram Sanjaykumar by way of opening dividend account - HELD THAT:- The prayer is allowed and the Official Liquidator shall take necessary steps, strictly in accordance with law - Application allowed. Seeking to release the claimed and settled amount to Shri Gyan Chand Chhallani of M/s. Shankeshwar Spintex by way of opening dividend account - HELD THAT:- The prayer is allowed and the Official Liquidator shall take necessary steps, strictly in accordance with law - Application allowed. Seeking appropriate direction to pass the appropriate order for payment ₹ 20,39,993/- plus interest @ 6.75% P.A. current rate of fixed deposit prevalent as already have been paid to other workmen from 23.02.2010 to 10.07.2014 for 1599 days - HELD THAT:- The instant application is allowed. The Official Liquidator shall make the necessary payment, strictly in accordance with law. Seeking to pay second Dividend to contributories - HELD THAT:- The application is allowed. The Official Liquidator shall pay the second dividend to the contributories, strictly in accordance with report of the Panjab National Bank, Paota 'C' Road, Jodhpur, if the same is payable in law. Seeking to permit the Official Liquidator to file Income Tax Return in the matter of M/s. Mewar Textile Mills Limited (In Liquidation) so as to enable it to claim refund of Tax Deducted at Sources (TDS) - seeking to permit Official Liquidator to pay the audit fees - HELD THAT:- The application is allowed. The Official Liquidator shall do the needful, strictly in accordance with law. Seeking claim of settling subsequent claim to be winding up in accordance with law alongwith interest on the belated payment - HELD THAT:- This Court is of the opinion that at best the applicant being unsecured creditor is entitled for 4% interest per annum - the instant application is disposed of with a direction to the Official Liquidator to pay 4% interest to the applicant from the date of winding up i.e. 23.02.2010 till the date of declaration of dividend which is 08.04.2019 entitled to an unsecured creditor in accordance with Rule 179 of the Companies Court Rules. Seeking claim of settling subsequent claim to be winding up in accordance with law alongwith interest on the belated payment - HELD THAT:- This Court is of the opinion that at best the applicant being unsecured creditor is entitled for 4% interest per annum - the instant application is disposed of with a direction to the Official Liquidator to pay 4% interest to the applicant from the date of winding up i.e. 23.02.2010 till the date of declaration of dividend which is 08.04.2019 entitled to an unsecured creditor in accordance with Rule 179 of the Companies Court Rules. List these matters on 11.8.2021.
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