Ol Of Elb Schliff (India) Ltd (In Liqn) vs The Dy General Manager - Idbi Bank Ltd
2025 Latest Caselaw 8166 Guj

Gujarat High Court

Ol Of Elb Schliff (India) Ltd (In Liqn) vs The Dy General Manager - Idbi Bank Ltd on 21 November, 2025

                                                                                                                        NEUTRAL CITATION




                                C/OLR/48/2025                                           ORDER DATED: 21/11/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                        R/OFFICIAL LIQUIDATOR REPORT NO. 48 of 2025

                                            In R/COMPANY APPLICATION NO. 46 of 2021

                        ==========================================================
                                            OL OF ELB SCHLIFF (INDIA) LTD (IN LIQN)
                                                           Versus
                                          THE DY GENERAL MANAGER - IDBI BANK LTD.
                        ==========================================================
                        Appearance:
                        BHOOMI M THAKORE(6237) for the Applicant(s) No. 1
                        ==========================================================
                           CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                                                            Date : 21/11/2025
                                                             ORAL ORDER

1) Heard Ld. advocate Ms. Bhoomi M. Thakore for the Applicant.

1) The present Report has been filed by the Official Liquidator, inter alia, praying for permission to disburse an amount of Rs. 2,08,00,000/- amongst the secured creditors of the company in liquidation, viz. IDBI Bank, ARCIL and IFCI, in the ratio determined by M/s. SDPM & Co., Chartered Accountants, in their report dated 25.03.2023.

2) The company, M/s. ELB Schliff (India) Ltd., was ordered to be provisionally wound up by this Court vide order dated 14.03.2005 and a final winding up order came to be passed on 27.04.2005 in Company Petition No. 4 of 2005, appointing the Official Liquidator attached to this Court as Liquidator of the company and directing him to take possession of the assets and properties of the company.

3) The report indicates that the assets of the company in liquidation were sold and the sale was confirmed in favour of M/s. PMT Machineries Ltd. for a consideration of Rs. 11,05,00,000/- vide order dated 20.02.2007 passed in Official Liquidator's Report No. 19 of 2007.

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4) After realisation of sale proceeds, the Official Liquidator issued a public notice on 10.11.2006 inviting claims of workers as well as creditors of the company in liquidation, fixing 30.11.2006 as the last date for submission. Claims were received pursuant thereto and M/s. P.D. Shah & Associates, Chartered Accountants, were appointed for verification and examination of such claims.

5) In the meantime, ARCIL preferred Company Application No. 150 of 2007 seeking disbursement of sale proceeds. By order dated 08.05.2007, this Court directed the Official Liquidator to disburse an amount of Rs. 8,00,00,000/- on an ad-hoc basis amongst the secured creditors in the following manner:

Sr. No. Name of the claimant Ad hoc Amount paid Ratio (In Rs.) 1 ARCIL (assignee of ICICI) 45.29% 3,62,32,000/- 2 IDBI BANK 36.18% 2,89,44,000/- 3 IFCI 18.53% 1,48,24,000/-

                                                         Total               100.00%         8,00,00,000/-


                        6)       Thereafter, IFCI Ltd. preferred Company Application No. 598 of

2008 seeking disbursement of Rs. 3,05,00,000/- plus accrued

interest between secured creditors and workers. By order dated

26.12.2008, this Court directed a further ad-hoc disbursement

of Rs. 2,00,00,000/- amongst the secured creditors in the

following manner:

Sr. No. Name of claimant Ad hoc Amount paid Ratio (In Rs.) 1 ARCIL (assignee of ICICI) 45.29% 90,58,000/- 2 IDBI BANK 36.18% 72,36,000/-

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3 IFCI 18.53% 37,06,000/-

Total 100.00% 2,00,00,000/-

Thus, a total ad-hoc amount of Rs. 10,00,00,000/- came to be disbursed to the secured creditors.

7) However, the Company Application No. 598 of 2008 filed by IFCI

Ltd. was dismissed vide order dated 24-08-2009 by this Court

in which it was held that further disbursement should not be

granted due to lake of consensus between secured creditors of

the company on report of the Chartered Accountants. Therefore,

the IFCI had moved O.J. Appeal No. 20 of 2010 against said

order dated 24-08-2009. After hearing the said Appeal, the

Division Bench of this court vide order dated 27.12.2010

disposed the O.J. Appeal No. 20 of 2010, by observing that it

will be open for the appellant-original applicant to submit an

appropriate application afresh before the learned Company

Court claiming its rights on the basis of the judgment and order

passed by the Debts Recovery Tribunal in O.A. No. 121/2008

with a request to decide the final ratio accordingly and

consequently to disburse the amount among the secured

creditors and as and when such an application is made and the

same be considered in accordance with law and on its own

merits, without, in any way, being influenced by any of the

observations made by the learned Company Court made in the

impugned order.

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8) The Official Liquidator had, in the meantime, received a claim

verification report dated 29.01.2009 from M/s. P.D. Shah &

Associates, Chartered Accountants. As IFCI and IDBI did not

agree with that report, IFCI Ltd. filed Company Application No.

46 of 2021 seeking distribution of the undistributed amount

lying with the Official Liquidator amongst the eligible secured

creditors having first charge over the assets of the company. By

order dated 23.09.2022 passed in Company Application No. 46

of 2021, this Court directed the Official Liquidator to appoint a

new Chartered Accountant for re-verification of the claims of the

secured creditors and directed the secured creditors to lodge

their claims afresh. Pursuant thereto, the Official Liquidator

appointed M/s. Sunil Dad & Co., Chartered Accountants (now

known as M/s. SDPM & Co.) by letter dated 30.09.2022.

9) M/s. SDPM & Co., Chartered Accountants, submitted their

claim verification report dated 25.03.2023. They recorded that

they had received claims from IDBI Bank Ltd., ARCIL and IFCI

Ltd. and had also considered the workers' claim as per the

earlier Chartered Accountant's report. The considered claim

amounts and ratios are as under:

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Sr. Claimant Name Considered Ratio of No. Claim Amount claim (Rs. In Lacs) (In %) 1 IDBI 4785.34 46.89 2 ARCIL 2959.93 29.00 3 IFCI 2443.27 23.94 4 Workers 17.00 0.17 Total 10205.54 100.00

10) The Chartered Accountants noted that a total ad-hoc

distribution of Rs. 10,00,00,000/- had already been made from

out of the sale proceeds of movable and immovable assets.

Based on the considered ratios, they worked out the

distributable amount of Rs. 10,00,00,000/- as under:

Sr. Claimant Distributable Distributable Total No. Name Amount Amount Distributable PART-A PART-B Amount (In Rs.) (In Rs.) (In Rs.) 1 IDBI 4,63,32,233 --- 4,63,32,233 2 ARCIL 2,86,55,039 13,57,500 3,00,12,539 3 IFCI 2,36,55,228 --- 2,36,55,228 Total 9,86,42,500 13,57,500 10,00,00,000

11) Applying the above ratio, M/s. SDPM & Co. compared the

distributable amounts with the actual amounts already

disbursed and arrived at the following position:

Sr. Claimant Distributable Distributed Amount to be No. Name amount to amount to paid/recover secured secured form secured creditors creditors creditors (In Rs.) (In Rs.) (In Rs.) 1 IDBI 4,63,32,233 3,61,80,000 1,01,52,233 2 ARCIL 3,00,12,539 4,52,90,000 (-1,52,77,461) 3 IFCI 2,36,55,228 1,85,30,000 51,25,228 Total 10,00,00,000 10,00,00,000

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12) The Chartered Accountants thus concluded that an amount of

Rs. 1,52,77,461/- was recoverable from ARCIL and that

amounts of Rs. 1,01,52,233/- and Rs. 51,25,228/- were

additionally payable to IDBI Bank Ltd. and IFCI Ltd.,

respectively.

13) Based on the said report, the Official Liquidator approached this

Court. By order dated 28.07.2023 passed in Company

Application No. 46 of 2021, this Court directed ARCIL to deposit

Rs. 1,52,77,461/- with interest at 8% per annum from

08.05.2007 till the date of deposit with the Official Liquidator.

ARCIL accordingly deposited Rs. 1,52,77,461/- together with

interest of Rs. 2,05,19,514/-, aggregating to Rs. 3,57,96,975/-

with the Official Liquidator. It is recorded that, as per the

undertaking and consent, the Official Liquidator thereafter

disbursed Rs. 2,37,87,933.80 to IDBI Bank and Rs.

1,20,09,041.20 to IFCI Ltd. out of the said amount of Rs.

3,57,96,975/- in terms of the order dated 28.07.2023.

14) Thereafter, IDBI Bank, by letter dated 25.10.2024, requested

that the remaining amount lying with the Official Liquidator be

disbursed as per the ratio finalised in the report dated

25.03.2023 of M/s. SDPM & Co. In response, the Official

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Liquidator issued a letter dated 19.02.2025 to IDBI Bank, IFCI

and ARCIL proposing disbursement of Rs. 2,08,00,000/- as per

the said ratio and sought their consent. IDBI Bank, IFCI and

ARCIL, by letters dated 24.02.2025, 25.03.2025 and 13.06.2025

respectively, conveyed their consent to such proposed

disbursement.

15) As on 31.05.2025, a sum of Rs. 2,09,61,676/- is lying in the

account of the company in liquidation with the Official

Liquidator. The present Report, therefore, proposes

disbursement of Rs. 2,08,00,000/- amongst the secured

creditors in terms of the ratio determined by M/s. SDPM & Co.,

Chartered Accountants, as under:

Sr. Bank Claim Considered Ratio of Amount No. Name Lodged Claim claim Payable Amount Amount (In %) (In Rs.)

(Rs. In Lacs) (Rs. In Lacs) 1 IDBI 4785.34 4785.34 46.97 97,69,760 2 ARCIL 2959.93 2959.93 29.05 60,42,400 3 IFCI 2443.27 2443.27 23.98 49,87,840 Total 10205.54 10205.54 100.00 2,08,00,000

16) In view of the factual background narrated hereinabove, the

report of M/s. SDPM & Co., Chartered Accountants dated

25.03.2023, the earlier orders passed by this Court and the

specific written consents of all three secured creditors, this

Court finds no legal impediment in granting the prayer made in

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the present Report.

17) Accordingly, the Official Liquidator is permitted to disburse a

total sum of Rs. 2,08,00,000/- (Rupees : Two Crore Eight Lakh

only) to the secured creditors of the company in liquidation as

under:

Sr. Secured Creditors Amount Payable No. (In Rs.) 1 IDBI 97,69,760 2 ARCIL 60,42,400 3 IFCI 49,87,840 Total 2,08,00,000

18) The aforesaid disbursement shall be made subject to each of the above secured creditors filing, before the Official Liquidator, an undertaking to the effect that if it is found that any excess amount has been paid to them, they shall refund the same forthwith together with interest at the prevailing rate to the Official Liquidator.

19) The Official Liquidator is further permitted to encash such Fixed Deposit Receipts, if any, as may be required for the purpose of giving effect to the above disbursement.

20) With the aforesaid directions, Official Liquidator's Report No. 48

of 2025 stands disposed of accordingly.

(MAUNA M. BHATT,J)

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