Official Liquidator Of Ellora Steels Ltd. (In Liquidation) v. The Board For Industrial And Financial Reconstruction, New Delhi. (Petitioner)
1/2 13-OLR-124-2025 (OS).DOC Digitally signed by KAWRE KIRAN KALYAN Date:
2025.11.29 16:48:42 +0530 KAWRE KIRAN KALYAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL LIQUIDATOR REPORT NO. 124 OF 2025 IN COMPANY PETITION NO. 367 OF 2003 In the matter of Companies Act, 1 of 1956;
And In the matter of Ellora Steels Ltd. (In Liqn.) Industrial and Financial, Reconstruction, New Delhi
...Petitioner
_______ Ms. Akanksha Agrawal for Official Liquidator. Mr. Satyajit Roul, Official Liquidator.
Mr. Chetan Shelke, Dy. Official Liquidator, Present. _______
CORAM
:
ARIF S. DOCTOR, J.
th NOVEMBER 2025 DATE :
P.C.
1.
The captioned Official Liquidator's Report, what the liquidator is seeking is to give notice to the creditors under Rule 148 of the Companies (Court) Rules, 1959. Rule 148 reads thus:
"R. 148. Notice to creditors -
(1) The liquidator shall give not less than 14 days' notice of the date so fixed by advertisement in one issue of a daily newspaper in the English language and one issue of a daily newspaper in the regional language circulating in the State or Kiran Kawre
2/2 13-OLR-124-2025 (OS).DOC Union Territory concerned, as he shall consider suitable. Such advertisements shall be in Form No. 63.
(2) The Liquidator shall also give not less than 14 days' notice of the date fixed, in a winding-up by the Court, to every person mentioned in the statement of affairs, as a creditor, who has not proved his debt and to every person mentioned in the statement of affairs as a preferential creditor, whose claim to be a preferential creditor has not been established or is not admitted, or where there is no statement of affairs, to the creditors as ascertained from the books of the company and, in any other winding-up, to each person who, to the knowledge of the Liquidator, claims to be a creditor or preferential creditor of the company and whose claim has not been admitted, to the last known address or place of abode of such person. Such notice shall be in Form No. 64 or 65 as the case may be, and shall be sent to each creditor by pre-paid letter post under certificate of posting.
(3) All the rules hereinafter set out as to the admission or rejection of proofs shall apply with necessary variations to any claim to priority as a preferential creditor." 2.
The step that is now proposed to be taken by the Official Liquidator is the next natural consequence of the passing of the order of winding-up. 3.
Having heard learned counsel and having perused the Official Liquidator's Report, the same is allowed and disposed of in terms of prayer clauses (a) and (b) which read thus:
"a) In view of para (9) above, whether this Hon'ble Court may be pleased to permit the Official Liquidator to invite the claims from the Workmen/ Creditors as provided under Rule 148 of the Companies (Court) Rules 1959 by issuing the advertisement in the newspaper "Free Press Journal" in (English) published from Mumbai, in "Navshakti" in Marathi published from Mumbai and Lokmat (Marathi daily) published from Aurangabad through advertising agency and permit the Official Liquidator to pay the advertising charges from the common pool fund maintained under office expenses account subject to deduction of TDS at the prevailing rate and also subject to reimbursement of same with interest @ 9% p.a from the fund recovered in future.
b) In view of para (10) above, this Hon'ble Court may be pleased to dispense with the requirement of issuing individual notices to the creditors." (ARIF S. DOCTOR, J.) Kiran Kawre