Heard learned counsel Mr. R.M.Desai for the applicant Bank and Official Liquidator for respondent who is present in the Court. The applicant has taken out Judge's summons with a prayer that the Official Liquidator be directed to make payment by way of reimbursement of the sum of Rs.9,62,298-00 ( Rs. Nine Lacs Sixty Two Thousand Two Hundred Ninty Eight only) being the amount of expenses incurred by the applicant bank for payment of salary to the security personnel employed to protect the assets in the custody of O.L. It is submitted tat as there were no funds available with the O.L., the applicant bank has paid aforesaid amount. Now the funds are available with the O.L. and, therefore, aforesaid amount requires to be reimbursed to the applicant Bank.
This being genuine application, the same is not resisted by the workers. It is submitted by O.L. that for the purpose of making payment, he should be permitted to encash premature F.D.Rs. He has further submitted, that the payment shall be subject to the verification of the accounts. Learned counsel Mr. Desai for the applicant has submitted that vide Annexure:I, details as to the payments made are given and O.L.can verify the same.
Under the circumstances, this application is granted in terms of prayer (A). O.L. is directed to make payment as prayed for in this application to the applicant bank, of course, subject to the verification of accounts. For this purpose, O.L. is permitted to encash premature F.D.Rs. Application stands disposed of accordingly. No costs.
13.9.2000[ C.K. BUCH, J ] *rawal