This Court had issued notice vide order dated 14.03.2012. In response to the same Dr. Amee Yajnik, learned counsel appearing for the OL has filed report dated 21.03.2012 wherein Para 9, which is stated as under:
"9.That the Official Liquidator respectfully submits that M/s. Lakhani Ismail Tundiya & Co., Chartered Accountants vide letter dated 08.02.2012 has submitted the verification report of claims of secured creditors of the company. The Chartered Accountant has submitted the verification report without fixing the ratio of distribution amongst the secured creditors. The Chartered Accountant has calculated the amount suggested for payment to each secured creditor out of the total fund available in the Company's account without retaining some money for future expenses of liquidation. Therefore, the Official Liquidator has written a letter dated 13.03.2012 to M/s. Lakhani Ismail Tundiya & Co., Chartered Accountants requesting them to submit a supplementary report fixing the ratio of distribution amongst Secured Creditors on the basis of their admitted claim. A Copy of the letter dated 13.03.2012 issued to M/s. Lakhani Ismail Tundiya & Co., Chartered Accountant is annexed hereto and marked as Annexure "I". The supplementary report is awaited. After receipt of the supplementary report from the Chartered Accountant, the same will be placed before this Hon'ble Court for further directions."
Dr.
Yajnik therefore requested the Court for granting some time so that the report of the Chartered Accountant as mentioned in the aforesaid para can be placed on record in this application by way of supplementary report. This Court is conscious about the fact that earlier this Court (Coram: K.M. Thaker, J.) while disposing the Company Application No.307 of 2011 has observed that on submitting Form No.66 by the applicant Bank, claim of the applicant Bank being refund of Rs.8,00,000/-(Rupees eight lacs only) shall be considered by the Official Liquidator and Official Liquidator has been directed to take necessary steps to take decision with reference to the applicant's claim for refund of Rs.8,00,000/- along with accrued interest.
The Official Liquidator has, therefore, directed to place the report of the Chartered Accountant as mentioned in this report, latest by 11.04.2012. S.O. to 11.04.2012.
(R.M.CHHAYA,J) MEHUL