INTERNATIONAL ASSET RECONSTRUCTION CO. PVT.LTD. v. MS HIM ISPAT LTD.(IN LIQN.)
CO.A/2/2014 · 2026-05-18
Bipin Chander Negi, Gurmeet Singh Sandhawalia
body2014
DailyLaw.ai
[ 2014 DAILYLAW 2096 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2014 DAILYLAW 2096 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Co. Appeal No. 2 of 2014
Decided on: 18.05.2026
International Asset Reconstructions Co. Pvt. Ltd.(IARC)
.…Appellant. Versus
M/s HIM Ispat Ltd.( In Liqn.) and Ors. …Respondents. Coram
The Hon’ble Mr. Justice Gurmeet Singh Sandhawalia, Chief Justice. The Hon’ble Mr. Justice Bipin C. Negi, Judge. Whether approved for reporting?1
For the appellant : Mr. Vinay Kuthiala, Senior
Advocate, with Mr. Rajesh
Kashyap and Mr. Diwan
Singh Negi, Advocates with
Mr. Varun Gupta, Officer of
IARC Pvt.Ltd.,Manager Legal. For the respondents : Mr. Sanjeev Kuthiala, Senior
Advocate, with Ms. Tamana Sharma, Advocate,
for respondent No.1/Official
Liquidator. : Mr. N. K. Sood, Senior
Advocate, with Mr. Aman
Sood, Advocate, for
respondent No. 2. 1 Whether reporters of the local papers may be allowed to see the judgment? 2
( 2026:HHC:18412-DB )
G.S. Sandhawalia, Chief Justice (Oral)
The present appeal is directed against the order passed by the learned Single Judge in Company Application No. 38 of 2014, decided on 15.10.2014, whereby the learned Single Judge has declined the application filed by the present appellant for revision of the claim amount due and admissible to it as on
30.12.2005. 2. Learned Single Judge has relied upon an earlier order dated 19.09.2012, whereby the applicants were directed to prefer their claims before the Official Liquidator/Chartered Accountant on or before 01.10.2012 and it was further ordered that no fresh applications or claims would be entertained by the Official Liquidator/Chartered Accountant. 3. On an earlier occasion, argument had been raised that the winding up order was passed on 08.11.2001 and thereafter the matter was taken up by the Appellate Court, which decided the same on
30.12.2005. In such circumstances, the claim/interest,
3
( 2026:HHC:18412-DB )
as such, had been sought for the period from 26.03.2001 to 30.12.2005, as per Rule 154 of the Company (Court) Rules, 1959, which permits the claim of interest upto the date of winding up. 4. On the last date, i.e. 01.04.2026, learned counsel for the Official Liquidator prayed for time to seek instructions as to whether the appellants are entitled to the benefit of interest for the period from 26.03.2001 to
30.12.2005. 5. Ms.
Tamana Sharma, learned counsel, has placed on record a communication dated 15.05.2026 received from the Registrar of Companies-cum-Official Liquidator, H.P., stating therein that there is no objection in case the appellant is granted the benefit of interest for the period from 26.03.2001 to 30.12.2025 and that the appellant can submit the revised claim in the prescribed Form No. 66. 6. Keeping in view the above, learned counsel submits that the appellant will revise the claim before the Official Liquidator, who shall accordingly take the same
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( 2026:HHC:18412-DB )
into consideration. The factum of consent having already been given, the necessary benefits be granted accordingly. 7. The appeal is, accordingly, disposed of, in above terms, so also the pending application(s) if any. (G.S. Sandhawalia)
Chief Justice
(Bipin C.Negi)
Judge
18th May, 2026 (sushma)