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Bombay High Court

OFFICIAL LIQUIDATOR OF VARIOUS COMPANIES (IN LIQUIDATION)versusNA

Decided
Disposal
DISPOSED OFF

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

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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