1. - Instant Misc. Application-123/2007 has been filed by M/s. Blooming Engineers (P) Ltd. (respondent-3 in Co. Appl.79/2005) claiming interest over the amount of Rs. 2,30,65,000/-(Rupees Two Crores, Thirty lacs & Sixty five thousand) deposited being highest bidder in auction proceedings initiated by Recovery Officer, Debts Recovery Tribunal, Jaipur, which have finally been set aside by this Court vide order dated 23/01/2007 in Co.Appl.-79/2005 and notice published in Rajasthan Patrika on November 13, 2005 for auction scheduled on November 22, 2005 and sale certificate dated 07/06/2006 were quashed; and the IDBI was directed to refund a sum of Rs. 2,30,65,000/- to M/s Blooming Engineers (P) Ltd (applicant herein) - pursuant to which the amount (supra) was refunded vide pay order dated 12/02/2007 duly received on 16/02/2007.

2. Prayer made in this misc. application is basically for clarification sought for in judgment dated 23/01/2007 rendered by this Court to the effect that the applicant is entitled for interest having accrued on having deposited the amount (supra) with the financial institution (IDBI) from the date of its deposit till actual refund whereof.

3. Facts relevant for adjudication of the interest being claimed by applicant herein are that M/s Kesri Vanaspati Products Limited was ordered to be wound up by Company Court vide order dated 23/01/2004 in Co. Petition No.28/2003 and accordingly, the Official Liquidator attached to the Court was appointed as provisional Liquidator with the direction to take charge over all the property & effects of the Company in liquidation. The charge of assets & the record of Company in liquidation was taken over by the Official Liquidator on 03/04/2004. The Industrial Development Bank of India Ltd Jaipur (IDBI), Vijaya Bank, Jaipur, State Bank of Bikaner & Jaipur (SBBJ) and Rajasthan State Industrial Development & Investment Corporation Ltd (RIICO) were the secured creditors of Company in liquidation, out of which except RIICO, other secured creditors had opted to remain out of winding up proceedings.

4. The IDBI in response to a letter of Official Liquidator conveyed vide letter dated 11/06/2004 about having filed application with Debts Recovery Tribunal, Jaipur (DRT) which had decreed in its favour vide judgment dated 20/08/2003. However, on 13/11/2005 a notice issued by Recovery Officer, DRT was published in news paper -Rajasthan Patrika for auction of assets of Company in liquidation on 22/11/2005 in Recovery Case No. 120 of 2003, IDBI v. M/s Kesri Vanaspati Products Ltd. . In those auction proceedings, present applicant (respondent-3 in Co. Appl.79/2005) participated and being highest bidder, auction sale was approved for a sum of Rs. 2,30,65,000/-, which was deposited by applicant during the period from 22/11/2005 to 06/12/2005 as is detailed out in Ann. R.3/1; and a sale certificate was issued on 07/06/2006. At this stage, the Official Liquidator being provisional Liquidator of Co. in liquidation filed CWP-9715/2005 along with stay application arraying present applicant as respondent-4 assailing the auction notice dated 13/11/2005 and sale certificate dated 07/06/2006 before the High Court, which was finally dismissed vide order dated 02/06/2006 while observing that recovery proceedings as well as confirmation of sale shall be subject to the decision of Co. Appl. No.79/2005.

5. After hearing the parties, Co. Appl. No.79/2005 was finally allowed vide order dated 23/01/2007; and auction notice & proceedings held on 22/11/2005 along-with certificate of sale dated 07/06/2006 were quashed and set aside and the IDBI was directed to refund the amount having been deposited by present applicant and in pursuance whereof, respondent - IDBI refunded Rs. 2,30,65,000/- vide banker's cheque dated 12/02/2007 received by applicant on 16/02/07. Since the refund (supra) did not carry interest, the applicant has approached this Court by way of instant application. What has been prayed for is