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High Court of Himachal Pradesh · body

2014 DAILYLAW 2096 (HP)

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

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Judgment text

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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 4 ( 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)