Bombay High Court
OFFICIAL LIQUIDATOR OF VARIOUS COMPANIES (IN LIQUIDATION)versusNA
- Decided
- Disposal
- DISPOSED OFF
- Bench
- ARIF S DOCTOR
Holding
The court allowed the Official Liquidator's request to withdraw, liquidate, and transfer the fixed deposit proceeds to a suspense account pending identification of the concerned company.
Summary
The Official Liquidator discovered a fixed deposit of Rs.3.40 crore held with Bank of India in its own name, but could not determine which liquidated company the funds belonged to. The liquidator sought the court's permission, under Rule 9 of the Companies (Court) Rules, 1959, to prematurely withdraw and liquidate the fixed deposit and transfer the proceeds into a suspense account without naming any specific company. The liquidator further requested that, once the appropriate company is identified, the court allow the investment or reinvestment of the proceeds. The court examined the report and found no objection to the liquidator's request. Accordingly, the court granted the prayers, permitting the withdrawal, liquidation, and transfer of the fixed deposit proceeds as sought.
Issues considered
- Whether the Official Liquidator may, under Rule 9 of the Companies (Court) Rules, 1959, prematurely withdraw and liquidate a fixed deposit whose beneficiary company is unidentified
- Whether the court can order the proceeds to be placed in a suspense account pending identification of the relevant company
Legislation cited
- Companies Act, 1956
- Companies (Court) Rules, 1959 — s. Rule 9
Subjects
- Official Liquidator
- Fixed Deposit
- Companies Act 1956
- Companies (Court) Rules 1959
- Rule 9
- Suspense Account
- Liquidation
Judgment
1/2 912-OLR-139-26.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
OFFICIAL LIQUIDATOR REPORT NO. 139 OF 2026
In the matter of the Companies Act
1956
And
In the matter of variuos Companies (In
Liquidation)
_______
Ms. Apurva Thipsay, for Official Liquidator.
Mr. Satyajit Roul, Official Liquidator present.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 18th MARCH, 2026
P.C.
1. Heard Ms. Thipsay, learned counsel appearing on behalf of the Official
Liquidator, who points out that the present Official Liquidator Report seeks the
following directions/orders:
“a. In view of para (2) to (5), whether this Hon'ble Court, would be pleased
to permit the Official Liquidator in exercise of Rule 9 of the Companies
(Court) Rules, 1959 to prematurely withdraw and/or liquidate the Fixed
Deposit Receipt bearing Account No000156110009475 and Customer ID
206352018 having a balance of Rs.3,40,27,647/- (Rupees Three Crore
Forty Lakh Twenty-Seven Thousand Six Hundred Forty-Seven only) lying
with Bank of India, Fort, Main Branch, Mumbai-400 023, standing in the
name of "Official Liquidator, Mumbai" and transfer the proceeds thereof
into a separate Fixed Deposit Account with Bank of India, Fort, Main
Branch, Mumbai-400 023 to be maintained by the Official Liquidator,
Mumbai, in a Suspense Account without mentioning any particular
Company, until the concerned Company (in Liquidation) to which the said
amount pertains is identified;
Areeb
2/2 912-OLR-139-26.DOC
b. If prayer (a) is in affirmative, whether the Hon'ble Court, would be
pleased to permit the Official Liquidator to liquidate the FDR referred to in
prayer (a) as and when the Company to which it pertains is identified and
invest / re-invest / utilise the proceeds thereof;”
2. Ms. Thipsay points out that the Official Liquidator has come across in its
records a fixed deposit in Bank of India, Fort, Main Branch, Mumbai bearing
Account No000156110009475 and Customer ID 206352018 standing in the
name of the Official Liquidator.
3. Learned counsel points out that the credit balance of the fixed deposit is
in the amount of Rs.3,40,27,647/- (Rupees Three Crore Forty Lakh Twenty-
Seven Thousand Six Hundred Forty-Seven only). However, it is today not clear as
to which Company or which proceedings the said fixed deposit was credited.
4. Having heard Ms. Thipsay and having perused the Report, I find that the
Report would have to be allowed, the same is therefore allowed in terms of
prayer clauses ‘a’ to ‘b’.
[ARIF S. DOCTOR, J.]
Areeb
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