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1993 Supreme(Del) 373

J.K.MEHRA
HARYANA FINANCIAL CORPORATION – Appellant
Versus
LUK AUTO ANCILLARY (INDIA) LIMITED (IN LIQN) – Respondent


Advocates Appeared:
ARVIND SHUKLA, B.N.NAYAR, K.L.Chopra

J. K. Mehra

( 1 ) THIS is an appeal filed by Haryana Financial Corporation (H. F. C.) against the order of the Official Liquidator whereby he has accepted the claim of the Haryana Financial Corporation to the extent of Rs. 19,86,847. 90 in its capacity as a secured creditor. At the time of hearing, it was pointed out that this claim represents the full principal amount plus interest in terms of the decree in favour of Haryana Financial Corporation upto the date of winding up order.

( 2 ) THE case of the appellant is that being a secured creditor, it is outside the winding up and as such, are entitled to charge interest at the contractual rate/the rate at which it has been awarded interest under the court decree. This contention has been challenged by the Official Liquidator.

( 3 ) AT the time of the hearing, the Haryana Financial Corporation placed reliance upon the terms of its mortgage and the decree passed by the court whereby the District Judge at Faridabad decreed t claim for the two principal amounts being Rs. 2,89,890. 01 and Rs. 7,42,560. 01 together with further interest at the rate of 12% p. a. from 15. 5. 1975 in respect of Rs. 2,88,890. 01 and from 1. 6. 1975 in respect
















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