Bombay High Court
OFFICIAL LIQUIDATOR OF K. R. COMMODITIES EXPORTS PRIVATE LIMITED. (IN LIQUIDATION)versusSHREE RENUKA SUGARS LIMITED. (PETITIONER)
- Decided
- Disposal
- DISPOSED OFF
- Bench
- ARIF S DOCTOR
Holding
The report is allowed, with the municipal corporation’s claim to be adjudicated within six months, after which the liquidator may decide on it.
Summary
The Official Liquidator of K.R. Commodities Exports Pvt Ltd. presented claims from several creditors, including Kotak Mahindra Bank (unsecured), State Bank of India (secured), I‑Dot Co‑operative Housing Society (liquidation expense) and Municipal Corporation, Pune (liquidation expense). The liquidator sought to set aside the municipal claim pending adjudication while admitting other claims and proposing a dividend distribution. The State Bank of India did not oppose the application but requested timely adjudication of the municipal claim. The Court allowed the liquidator’s report, directing the liquidator to invite the municipal corporation to submit documents and, if it fails to do so within six months, to adjudicate the claim. Consequently, the municipal claim is provisionally reserved, and the proposed dividend schedule is approved.
Issues considered
- Whether the claim of Municipal Corporation, Pune can be set aside pending adjudication in the liquidation proceedings.
- Whether the I‑Dot Co‑operative Housing Society’s dues qualify as liquidation expenses and receive priority.
- How the distribution of dividends should be made among secured and unsecured creditors.
Legislation cited
- Companies Act, 1956 — s. 529, 529A
Subjects
- liquidation
- secured creditor
- unsecured creditor
- liquidation expenses
- dividend distribution
- municipal dues
- adjudication
Judgment
1/4 18-OLR-150-2026 (OS).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
OFFICIAL LIQUIDATOR REPORT NO. 150 OF 2026
IN
COMPANY PETITION NO. 404 OF 2010
In the matter of Companies Act, I of
1956;
And
In the matter of K. R. Commodities
Exports Private Limited. (in
Liquidation)
Shree Renuka Sugars Limited. ...Petitioner
_______
Ms. Prachi Pandya a/w Ms. Bhavya Ganatra i/b Corporate Attorneys for Noticee
No. 1.
Ms. Akanksha Agrawal, for Official Liquidator.
Mr. Anil Bhagure, Dy. Official Liquidator present.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 27th MARCH, 2026
P.C.
1. Heard Ms. Agrawal, learned counsel appearing on behalf of the Official
Liquidator as also Ms. Pandya for the State Bank of India.
2. Ms. Agrawal points out that the Official Liquidator has received the
following claims, for convenience are extracted herein below:
Sr. Details of Creditors Amount Claimed Amount Admitted
No.
Secured Unsecured
(U/s 529 / 529A)
Areeb
2/4 18-OLR-150-2026 (OS).DOC
(i) Kotak Mahindra 3,39,01,376/- - 2,06,35,910.64/-
Bank Limited
(Unsecured
Creditor)
(ii) State Bank of India 1,02,28,240.37/- 8,77,084/- -
(Secured Creditor)
1,28,29,86,731.8 21,50,00,000/- 18,50,00,000/-
5/-
(iii) - 14,23,008/-
I-Dot Co-operative 15,91,867/-
Housing Society
Ltd.
(Society Dues as
Liquidation
Expenses)
(iv) - -
Municipal 1,64,00,560/-
Corporation, Pune
(Municipal Dues as
Liquidation
Expenses)
Total Amount 1,34,51,08,775.2 21,58,77,084/- 20,70,58,918.64/-
Admitted 2/-
3. Ms. Agrawal points out that in so far as claim of Kotak Mahindra Bank
Ltd. is concerned, it is an unsecured creditor, she submits that though the claim
of I-Dot Co-operative Housing Society Ltd. is also an unsecured creditor, the
same is accorded priority as it would qualify as a liquidation expense. In this
context, she submits that the Liquidator is presently seeking to make the
following payments:
Sr Particulars Amount (In Rs.)
No.
Areeb
3/4 18-OLR-150-2026 (OS).DOC
1 Balance amount as on date to the credit of 11,51,37,080/-
the Company (In Liqn.)
2 (less) Full and Final amount of Society 14,23,008/-
Dues as Liquidation expenses
3. (less) Provision for dues of Municipal 1,64,00,560/-
Corporation, Pune to quantify as
Liquidation Expenses.
(Claim not adjudicated)
4. (Less) Balance to be kept with Official 10,00,000/-
Liquidator for Official Liquidator expenses
and commission in respect of Company (In
Liqn.)
Net available amount for distribution as 9,63,13,512/-
dividend
5 1st and final dividend @ 100 % on total 8,77,084/-
admitted amount of State bank of India i.e.
Rs. 8,77,084/- as Secured Creditor against
the captioned Company (In Liqn.) i.e. K R
Commodities Exports Pvt Ltd.
6 1st dividend @ 44.389% on total admitted 9,54,36,350/-
amount Rs.21,50,00,000/- of State Bank of
India towards claim of Principal Debtor
Anytime India Fitness Pvt Ltd (In Liqn.)
admitted as claim against captioned
Areeb
4/4 18-OLR-150-2026 (OS).DOC
company (in liqn.) as surety.
4. After keeping aside an amount of Rs. 1,64,00,560/- in respect of
Municipal Corporation, Pune. Learned counsel for the State Bank of India, does
not oppose the application, but only submits that the claim of the said Municipal
Corporation, Pune be adjudicated within some time bound period and not get
open ended, she is correct in her submission, hence the Report is allowed in
terms of the aforesaid prayers.
5. It is clarified that the Official Liquidator shall take appropriate steps to
intimate the Municipal Corporation, Pune to submit their necessary documents
in respect of their claim. In the event, the Municipal Corporation, Pune does not
do so within the next six months, the Liquidator shall adjudicate the claims.
6. A copy of this order shall be served by the Official Liquidator to the
Municipal Corporation, Pune.
[ARIF S. DOCTOR, J.]
Areeb
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