Miss Lucy
← All judgments

The Assistant General Manager vs Mr Trupalkumar J Patel Resolution ...

National Company Law Appellate Tribunal13 January 2025Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Where a bank has, without the corporate debtor's consent, retained and appropriated a sum lying in the debtor's current account, and an application for its transfer to the debtor's account has been allowed, the Tribunal will uphold the direction to transfer the amount. Where the interest awarded on such a sum is excessive, the appropriate measure is to reduce the interest rate to the rate the bank was paying on savings accounts at the relevant time, being the time when the one-time settlement was accepted, while otherwise maintaining the transfer direction.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No.2150 of 2024

IN THE MATTER OF: The Assistant General Manager, Bank of Baroda ...Appellant

Versus

Trupal Kumar J Patel, RP of Alcock Ashdown (Gujarat) Ltd. (IN CIRP) ...Respondent

Present: For Appellant : Mr. Arun Aggarwal, Mr. Shivam and Mr. Praful Rawat, Advocates.

For Respondent :

ORDER

(Hybrid Mode)

13.01.2025: This appeal has been filed against order dated 02.08.2024

by which the Adjudicating Authority has allowed the application filed by the

Resolution Professional being IA No.49(AHM)2022. The Adjudicating

Authority by the impugned order has directed as following:

"13. In view of the above submissions and documents perused on records, we pass the following order:

ORDER

I. IA 49 of 2021 in CP(IB) 844 of 2019 is allowed.

II. Respondent Bank of Baroda is directed to transfer the amount of Rs.65,78,290.19/- along with interest @ 12% per annum from

Cont'd.../ 2

the date of transfer till its realisation into the bank account of Alcock Ashdown (Gujarat) Limited having Bank Account No.230805500317 with ICICI Bank, Bodakdev Branch, (IFSC Code:

ICIC0002308) within 1 month from the date of this order.

2. From the facts brought on the record, it appears that an OTS was

entered with the Corporate Debtor by the Bank for an amount of Rs.20.74

Crores, which amount was duly paid. Amount of Rs.65,78,290.19/- has been

directed to be transferred, which was laying in the current account and which

was taken by the Bank of Baroda by the Corporate Debtor without there being

any consent. Application was filed by the Resolution Professional, which

application has been allowed and direction has been issued for transfer of

amount.

3. Learned counsel for the Appellant submits that the Corporate Debtor

has gone into liquidation by order dated 03.01.2025, which fact is also

admitted by learned counsel for the Respondent. It is submitted that

Appellant has been directed for payment of interest @12% per annum, which

is excessive.

4. In facts of the present case, while upholding direction by the

Adjudicating Authority to transfer amount of Rs.65,78,290.19/- we reduce

the rate of interest to the extent of the rate of interest which was being paid

by the bank in the saving account at the relevant time in 2017, on the date

Company Appeal (AT) (Insolvency) No.2150 of 2024 3

when OTS was accepted. The Bank shall transfer the amount within four

weeks. Impugned order is modified to the above extent. Appeal is disposed

of accordingly.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Archana/km

Company Appeal (AT) (Insolvency) No.2150 of 2024

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free