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Gujarat High Court Directs Official Liquidator to Disburse Creditor Payments Promptly The High Court of Gujarat ordered the Official Liquidator to disburse specific amounts to various creditors, including IFCI, workers, IDBI, State Bank of ...
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Gujarat High Court Directs Official Liquidator to Disburse Creditor Payments Promptly
The High Court of Gujarat ordered the Official Liquidator to disburse specific amounts to various creditors, including IFCI, workers, IDBI, State Bank of India, M/s. Siddhi Corporation, and Chimanlal Jivraj bhai Kapuriya, based on verified claims. The court directed the Official Liquidator to deposit the amounts due to workers directly into their bank accounts and instructed the disbursement of funds to secured and unsecured creditors within two weeks. The court disposed of the company applications and associated civil application following the provided directions.
Issues: Disbursement of amount by Official Liquidator to various creditors based on verification reports.
Analysis: The High Court of Gujarat heard company applications by State Bank of India and Textile Labour Association for the disbursement of funds held by the Official Liquidator following an auction sale. The court had previously directed the Official Liquidator to invite claims from various classes of creditors and appoint a Chartered Accountant for verification under Section 530 of the Companies Act, 1956. The Chartered Accountant submitted a verification report on claims by secured creditors, workers, and unsecured creditors. The report detailed the amounts owed to each claimant based on the verification process.
Subsequently, objections were raised by IDBI Bank and State Bank of India regarding their claims. The Chartered Accountant provided re-verification reports for these claims, specifying the revised amounts payable to each bank. The Official Liquidator also received a revised claim from State Bank of India, which was verified by the Chartered Accountant.
The Official Liquidator reported a balance of approximately Rs. 47,00,00,000 in the company's account as of February 29, 2020. Seeking court directions, the Official Liquidator requested disbursement to secured creditors, workers, and unsecured creditors based on the verification reports. After consensus among all parties, the court ordered the Official Liquidator to disburse specific amounts to each claimant based on the verified claims.
The court directed the Official Liquidator to disburse amounts to claimants such as IFCI, workers, IDBI, State Bank of India, M/s. Siddhi Corporation, and Chimanlal Jivraj bhai Kapuriya. The Official Liquidator was instructed to verify worker details and deposit their claim amounts directly into their bank accounts. The amounts due to secured and unsecured creditors were to be deposited within two weeks directly into their bank accounts. The court disposed of the relevant company applications and associated civil application in light of the directions provided.
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