JUDGMENT : (1.) Company Application No.17 of 2019 has been filed by Narmada Fintrade Private Limited (a summons) for the following main reliefs: "(A) Your Lordships be pleased to direct the OL to disburse the surplus amount lying with its office in the accounts of Liquidations proceedings of the M/s Omex Investors Limited (In Liquidation) to all the Share Holders/Contributors of the Company, in accordance with Law; (B) Pending the admission and hearing of the present application, Your Lordships may be pleased to pass an ad-interim order directing the OL to disburse the surplus amount lying with its office in the accounts of Liquidation proceedings of the M/s Omex Investors Limited (In Liquidation) to the Applicant, being the Share Holder/Contributory of the Company, in accordance with law;" (2.) Company Application No.67 of 2019 has been filed by State Bank of India (a summons) praying as follows: "(A) That the H'ble Court be pleased to call for the records and proceedings of Company Application Nos.366 of 2016 and Company Application 17 of 2019 and direct and order the opponent/respondent no herein in Company Application 17 of 2019 and official Liquidator both to join/direct and order joining the applicant bank i.e. State Bank of India herein as a party respondent/opponent and also direct and order the respondent no 2 Official Liquidator to disclose and declare that the applicant bank is a secured creditor and disclose the amount claimed by the applicant bank with interest, costs, charge and expenses as stated in the affidavit in support of this summons. (B) That the H'ble Court be pleased to pass such other and further orders deemed fit and proper on the facts and the circumstances of the case." (3.) Dealing with the Company Application No.17 of 2019 first, it is the case of the applicant that the applicant - Narmada Fintrade Private Limited, is a majority shareholder of Ms/. OMEX Investors Limited which company was wound up by this Court vide order dated 06.03.1990. (4.) The applicant had preferred an application being Company Application No.19 of 2018 seeking disbursement of surplus funds to the shareholders/contributories. By an order dated 18.12.2018, the Company Court allowed the application. The Court taking note of the fact that a fund of Rs.20 crores be set aside, thereafter permitted disbursement of balance amount to the shareholders/contributories. (4.) The applicant had preferred an application being Company Application No.19 of 2018 seeking disbursement of surplus funds to the shareholders/contributories. By an order dated 18.12.2018, the Company Court allowed the application. The Court taking note of the fact that a fund of Rs.20 crores be set aside, thereafter permitted disbursement of balance amount to the shareholders/contributories. Pursuant to the said order as per the report of the Official Liquidator filed in the present application, the applicant received an amount of Rs.88,56,53,726/- towards contribution of 10 shareholders in compliance of the order. It is the case of the applicant that there are still more surplus funds lying with the Official Liquidator after the order passed on 18.12.2018 and after the aforesaid disbursement and the prayer therefore as aforesaid. (5.) Mr.Apurva Vakil learned counsel for the applicant would invite the Court's attention to the order dated 18.12.2018 and submit that the amounts as aforesaid have been paid and there are surplus funds with the Official Liquidator and therefore the prayer for further disbursement. (6.) Mr.Vakil would invite the attention of the Court to an order dated 24.10.2018 passed in Company Application No.366 of 2016 (filed by State Bank of India) with Company Application No.7 of 2018 filed by ARCIL, wherein, this Court, considering the application filed by the State Bank of India for a prayer to disburse Rs.7,23,31,47,686.69 towards dues, disposed of the application. (7.) Inviting the Court's attention to the Official Liquidator's report filed in the present proceedings, Mr.Vakil would submit that there is a fund of Rs.25,53,08,327/- as on 28.02.2019, from which, keeping aside Rs.20 crores and taking into consideration the accumulated interest for the period post 2019, a reasonable amount can be disbursed. (8.) Ms.Bhoomi Thakore learned advocate appearing for the Official Liquidator would read the report and the history of the litigation narrated therein and submit that the amount as stated in the Official Liquidator's report viz. Rs.25,53,08,327/- is lying in the corpus and Rs.5.50 crores can be disbursed. She would submit that an amount of Rs.27,63,59,194/- is the figure as on 31.08.2021 in the corpus and a reasonable amount after keeping aside of Rs.20 crores can be disbursed. (9.) Company Application No.67 of 2019 has been filed, as stated herein above, by the SBI. Rs.25,53,08,327/- is lying in the corpus and Rs.5.50 crores can be disbursed. She would submit that an amount of Rs.27,63,59,194/- is the figure as on 31.08.2021 in the corpus and a reasonable amount after keeping aside of Rs.20 crores can be disbursed. (9.) Company Application No.67 of 2019 has been filed, as stated herein above, by the SBI. Mr.Uday R. Bhatt for the bank would invite the Court's attention while arguing Company Application No.67 of 2019 to the order of the Debt Recovery Tribunal, Ahmedabad, where a decree in favour of the bank has been passed to recover a sum of Rs.3,61,10,967.49 with costs, current and future interest at 22.75% from the defendants therein, including the company (in liquidation). The execution under the Recovery of Debts And Bankruptcy Act, 1993, is automatic. He would submit that a claim had been raised before the Official Liquidator on 04.04.2016 and the letter indicates the amount of claim that the bank is entitled to. The Official Liquidator cannot object to the application of the bank for the prayers made in the present application because the Official Liquidator has not challenged the order of the Debt Recovery Tribunal. He would submit that in Company Application No.366 of 2016, the entire amount was not recovered and therefore, the further claim and a request that the bank be joined as party opponent in Company Application No.17 of 2019. He would submit that the State Bank of India is a secured creditor and the decree of the competent court cannot be ignored. (10.) Mr.Bhatt would rely on a decision of the Supreme Court in case of Vidur Impex & Traders (P) Ltd. v. Tosh Apartments (P) Ltd. reported in AIR 2012 SC 2925 . (11.) Mr.Apurva Vakil learned advocate opposing the application would submit that considering the order dated 24.10.2018 passed in the application filed by the State Bank of India viz. Company Application No.366 of 2016, it is evident that the Court, based on the certificate of the Chartered Accountant categorically fixed the eligibility of the bank to receive an amount of Rs.4,39,46,642/-. The order further clarified that as far as claim of the State Bank of India is concerned, it would be open for the bank to raise 'further', claim if admissible. The order further clarified that as far as claim of the State Bank of India is concerned, it would be open for the bank to raise 'further', claim if admissible. The letter dated 04.04.2016 annexed to the Company Application No.67 of 2019 would indicate that the exercise has already been undertaken and therefore Company Application No.67 of 2019 deserves to be rejected. He would rely on an affidavit in reply filed in the said application of State Bank of India and submit that for similar prayers, Company Application No.366 of 2019 was considered and granted and therefore there is no question of calling for the records and proceedings and joining the State Bank of India as party in Company Application No.17 of 2019. The claim made in the present application (67 of 2019) is a claim already decided and not a new or a further claim and the order deciding the entitlement of State Bank of India has already attained finality. Hence, the said claim cannot be adjudicated again. (12.) Ms.Bhoomi Thakore learned advocate appearing for the Official Liquidator would object to the application of State Bank of India and rely on the report of the Official Liquidator. She would submit that after a verification carried out by M/s.Talati and Talati, Chartered Accountants, under Section 530 of the Company's Act 1956, the State Bank of India was paid Rs.4,39,43,642/-. In accordance with the report of the Chartered Accountant dated 03.06.2017, the rest of the claim has been rejected. Interest in accordance with the Company Court Rules 1959 is not payable at 22.75% but at 4% per annum as referred to in the report of the Chartered Accountant. (13.) Reading the operative Order in Company Application No.19 of 2018 and having considered the submissions of the learned advocate Mr.Apurva Vakil for the applicant-shareholder, Mr.Uday R. Bhatt for the State Bank of India and Ms.Bhoomi Thakore for the Official Liquidator, what is evident is that the application of the present applicant was allowed and the applicant was paid an amount of Rs.88,56,53,726/-. That is evident from reading para 6 of the order dated 18.12.2018 and the Official Liquidator's report in the present application. Para 6 reads as under: "6.0. That is evident from reading para 6 of the order dated 18.12.2018 and the Official Liquidator's report in the present application. Para 6 reads as under: "6.0. Both the reports on record clearly spell out, the Official Liquidator has undergone the procedure and after inviting claims by giving advertisement in two daily newspapers as per the order passed by this Court has got claim raised duly verified and therefore, as per the ratio worked out by M/s. Talati & Talati, Chartered Accountants, the applicant and similarly situated shareholders and contributors would be entitled to amount as worked out by the learned Chartered Accountant. As stated by the Official Liquidator, the Official Liquidator has enough funds. Accordingly, application deserves to be accepted as per the report of M/s. Talati & Talati, Chartered Accountant dated 19.11.2018 and leaving aside a sum of Rs.20 crores in order to meet any contingency and for payment of tax and fees found due, the Official Liquidator shall distribute rest of the amount amongst the shareholders and contributors under Section 530 of the Act. However, on condition that each such claimants shall fulfill the conditions, which are mentioned by the learned Chartered Accountant while approving their claim individually. The applicant as well as similarly situated shareholders / contributors shall also file their individual undertaking. The Official Liquidator shall make such payment only by RTGC after due verification. Present application is disposed of with the aforesaid directions." (14.) What is evident from reading para 6 of the order as quoted herein above is that a sum of Rs.20 crores was to be kept aside in order to meet any contingency including payment of tax and fees, if found due. (15.) The Official Liquidator's report in the present proceedings would indicate that after the order dated 18.12.2018 and the payment as stated herein above in context of the present application, the Official Liquidator has received a letter/verification report dated 01.03.2019 from M/s. Kiran Shah and Associates, Chartered Accountants in regards to and in context of liabilities for the assessment years 2014-15 to 2019-20 and it is found that there could be a liability of Rs.10 crores. The Official Liquidator has further ascertained Central Government fees under Section 291 of the Company Court Rules 1959 as Rs.46,33,033/- which is required to be kept aside. An amount of Rs.8,24,76,551/- is due towards municipal taxes. The Official Liquidator has further ascertained Central Government fees under Section 291 of the Company Court Rules 1959 as Rs.46,33,033/- which is required to be kept aside. An amount of Rs.8,24,76,551/- is due towards municipal taxes. Rs.4,94,33,945/- is already transferred to the dividend account of the Ahmedabad Municipal Corporation. (16.) After all these, there is a fund of Rs.25,53,08,327/- as on 28.02.2019 and as pointed out during the course of oral submissions, the amount today lying in the account is Rs.27,63,59,194/-. The Official Liquidator's report indicates that keeping aside Rs.20 crores as required by the order, an amount of Rs.5.50 crores or such amount as may be decided by the Court, can be paid to the applicant - shareholders - contributories. (17.) Accordingly, the Company Application No.17 of 2019 is allowed. An amount of Rs.6 crores lying in the account of the Official Liquidator in the proceedings of OMEX Investors Limited (In Liquidation) be paid to all the shareholders/contributories of the Company (in Liquidation). REASONS/CONCLUSION OF Company Application No.67/2020 (18.) When the prayer made in this Judges Summons is compared to the one made in Company Application No.366 of 2016 it clearly indicates that it is for the same reliefs which is evident from an order dated 20.11.2017 passed earlier by this Court in Company Application No.366 of 2017 which reads as under: "1. The applicant has taken out the judges summons with the following prayers. (A) That the Hon'ble Court be pleased to call for the records and proceedings of Official Liquidators Report No.43 of 2013 and direct and order the Official Liquidator to pay a sum of Rs.723,31,47,686,69 towards the dues of the applicant bank with interest, costs, charges and expenses including interest, further interest till payment and realization as stated in the affidavit in support of this summons with interest at the bank rate. (B) That the Hon'ble Court be pleased to pass such other and further orders deemed fit and proper on the facts and the circumstances of the case. (C) That the Hon'ble Court be pleased to pass order of costs on the facts and circumstances of the case. 2. The Official Liquidator has filed report dated 08.07.2017 stating that the Official Liquidator has received verification report dated 03.06.2017 from M/s.Talati and Talati, Chartered Accountants under Sections 529, 529(A) and 530 of the Companies Act ("the Act"). (C) That the Hon'ble Court be pleased to pass order of costs on the facts and circumstances of the case. 2. The Official Liquidator has filed report dated 08.07.2017 stating that the Official Liquidator has received verification report dated 03.06.2017 from M/s.Talati and Talati, Chartered Accountants under Sections 529, 529(A) and 530 of the Companies Act ("the Act"). As per the summary of the verification report, the applicant is shown to have been entitled to Rs.6,44,74,554/- under Section 529, 529(A), 530 of the Act. In this report, it is stated that the Official Liquidator has got balance of Rs.1,41,73,02,590/- in Company Liquidation Account as on 30.06.2017 and has sought direction against the applicant to give comments on verification report dated 03.06.2017 of the Chartered Accountants. It appears that the Official Liquidator has filed further report dated 15.11.2017 stating that the applicant's claim under section 529 and 529(A) of the Act is adjudicated for Rs.2,53,03,230/- and out of the said claim, the applicant was paid Rs.42,90,578.75 (rounded of Rs.42,90,579/-) and the applicant is now entitled to Rs.2,10,12,651/- for disbursement under Section 529(A) of the Act. The Official Liquidator has, thus, sought permission to make payment to the applicant of the above said amount of Rs.2,10,12,651/- under Section 529 and 529(A) of the Act as per the verification report dated 03.06.2017 of the Chartered Accountants. 3. Learned advocate Mr.Bhatt appearing for the applicant submitted that the reports submitted by the Official Liquidator are without properly considering the claim put forth by the applicant and without considering the contentions raised on behalf of the applicant. However, such submission of learned advocate Mr.Bhatt could be considered later on. Presently, when the Official Liquidator has stated in the report that the applicant could be disbursed Rs.2,10,12,651/- under Sections 529 and 529(A) of the Act, the Official Liquidator could be permitted to disburse such amount to the applicant pending the present application. 4. In view of the above, the Official Liquidator is permitted to disburse Rs.2,10,12,651/- under Section 529(A) of the Act to the appellant. Learned advocate Mr.Bhatt states that applicant shall provide KYC details of the bank account to the Official Liquidator. On receiving the KYC details from the applicant, the Official Liquidator shall deposit the above amount within a period of two weeks thereafter. Learned advocate Mr.Bhatt states that applicant shall provide KYC details of the bank account to the Official Liquidator. On receiving the KYC details from the applicant, the Official Liquidator shall deposit the above amount within a period of two weeks thereafter. S.O to 7th December 2017." (19.) Even when the order dated is referred to in context of this application, paragraphs 3 and 8 of the order when read with paragraphs 12 to 19 of the order indicate that this Court specifically ascertained the amount that the bank was entitled to receive and in the event of any further claim if admissible, it could lodge in accordance with law. The paragraphs 3 and 8 along with paragraphs 12 to 19 of the order read as under: "3. Company Application No.366/2016 is filed by State Bank of India, wherein in the summons, it is prayed that, the Official Liquidator be directed to pay a sum of Rs.723,31,47,686.69 towards the dues of the State Bank of India with interest, costs, charges and expenses including interest and further interest till payment and realization. Similarly, Textile Labour Association has filed Company Application No.317/2017 and has prayed for similar relief of directing the Official Liquidator to pay a sum of Rs.44,91,35,796/ to the employees of the Company (in liquidation) under Section 530 of the Act or as may be found due and payable by the Chartered Accountant. Company Application No.7/2018 is filed by ARCIL, wherein the direction is sought for disbursement in favour of ARCIL under Section 530 of the Act as per the OL's report dated 08.07.2017 along with Chartered Accountant's report dated 03.06.2017. 8. Learned counsel for the State Bank of India relying upon the affidavit filed in support of Company Application No.366/2016, contended that the State Bank of India had filed a suit being Civil Suit No.2272/1992 originally before City Civil Court, Ahmedabad, which was transferred to Debts Recovery Tribunal and was renumbered as Transfer Application No.520/1995. The application for recovery was allowed and Recovery Certificate was ordered to be issued by the judgment dated 15.12.1998, whereby the original defendants were jointly and severally directed to pay a sum of Rs.3,61,10,967.49/ to the State Bank of India with 22.75 % interest p.a. with quarterly rest. 12. The Official Liquidator has filed his further report in Company Application No.366/2016 as well as in Company Application No.317/2016. 12. The Official Liquidator has filed his further report in Company Application No.366/2016 as well as in Company Application No.317/2016. According to the reports filed by the Official Liquidator, the claims so submitted were sent to the Chartered Accountant M/s. Talati & Talati, for verification. Record indicates that 4 reports were submitted by the said Chartered Accountant being Claimed Verification Report dated 03.06.2017, 24.02.2018, 26.02.2018 and 15.04.2018. Chartered Accountant has, thereafter, at the request of the Official Liquidator, has submitted further Supplementary Verification Report dated 10.10.2018 and has verified the claims of the persons and entities, who are entitled for the amount payable under Section 530 of the Act. 13. In nutshell, as per the said reports, secured creditors, unsecured creditors and workers/employees of the Company (in liquidation) are found to be eligible for the amount as per the said report under Section 530 of the Act, is as under: Sr. No. Name of party Particulars Eligible amount 1 State Bank of India At the rate of 4% p.a. from 01.04.1990 to 31.03.2016 Rs.3,91,71,324/- At the rate of 4% p.a. from 01.04.2016 to 20.11.2017 Rs. 47,72,3181- Total Rs.4,39,46,642/- 2 ARCIL At the rate of 4% p.a. from 27.10.1989 to 30.09.2015 Rs.4,91,92,757/- At the rate of 4% p.a. from 01.10.2015 to 07.11.2017 Rs. 67,50,5211- Total Rs.5,59,43,2781- 3 Workers/ employees (interest @ 4% Leave Encashment & Bonus) Rs.17,66,91,2621- 14. As per the record as on date, the Official Liquidator is having fund of Rs.1,42,94,10,075/- in the account of the Company (in liquidation). As per the report submitted by the Official Liquidator in Company Application No.366/2016, the Official Liquidator has already paid an amount of Rs.2,10,12,651/- under Section 529(A) of the Act to State Bank of India. The Official Liquidator has further brought on record that as per the Chartered Accountant's report, State Bank of India is entitled to get further amount of Rs.4,39,46,642/- under Section 530 of the Act towards interest of outstanding amount as per the ledger of State Bank of India with 4 % interest p.a. from 01.04.1990 to 20.11.2017 compounded quarterly. Thus, as provided under Section 530 of the Act, State Bank of India is entitled to the said amount only. 15. In view of the above, State Bank of India is entitled to receive an amount of Rs.4,39,46,642/. Thus, as provided under Section 530 of the Act, State Bank of India is entitled to the said amount only. 15. In view of the above, State Bank of India is entitled to receive an amount of Rs.4,39,46,642/. Accordingly, the Official Liquidator is hereby directed to disburse an amount of Rs.4,39,46,642/ in favour of State Bank of India under Section 530 of the Act, on filing usual undertaking. 16. As far as Textile Labour Association is concerned, as per the Chartered Accountant's report, it is entitled to receive a sum of Rs.17,66,91,262/ towards interest @ 4 %, Leave Encashment and Bonus. 17. Based upon the Chartered Accountant's report, amount of Rs.17,66,91,262/ towards interest @ 4 %, Leave Encashment and Bonus to the workers of the Company (in liquidation) be disbursed by the Official Liquidator under Section 530 of the Act on proper verification and identification by the authorized officer of Textile Labour Association. It is further provided that such payment shall be made to individual worker by RTGS only and list of which shall be provided by the Textile Labour Association forthwith. 18. Record indicates that as per the Chartered Accountant's report, ARCIL is also entitled to receive a sum of Rs.5,59,43,278/ under Section 530 of the Act and accordingly, the Official Liquidator is directed to pay an amount of Rs.5,59,43,278/- to ARCIL under Section 530 of the Act on filing usual undertaking. 19. Over and above these three applications, as per the Chartered Accountant's report, other secured creditors, unsecured creditors and other entities are also entitled to receive an amount as indicated in the said report under Section 530 of the Act, which is enlisted hereinbelow. Therefore, the Official Liquidator is therefore directed to disburse the following amount amongst other secured creditors, unsecured creditors and other entities: Sr. No. Name of party Eligible amount 1 GIIC Rs. 2 5,58,807/- 2 Narmada Fintrade Pvt. Ltd. Rs. 2,46,438/- 3 Narmada Fintrade Pvt. Ltd. (Aboo Investors & Dealers Pvt. Ltd) Rs. 5,81,086/- 4 Ahmedabad Municipal Corporation (New Gujarat Sythetics Ltd. Unit No. 3) Rs. 4,94,33,945/- 5 M/s. Iscon City Center LLP (Formerly Vedica Procon Pvt. Ltd.) Rs. 1,99,21,325/- Total Rs.7,27,41,6011- With the above observations and direction, all three applications are disposed of. However, it is provided that as on date, disbursement made under Section 530 of the Act is as per their entitlement of each entity. 4,94,33,945/- 5 M/s. Iscon City Center LLP (Formerly Vedica Procon Pvt. Ltd.) Rs. 1,99,21,325/- Total Rs.7,27,41,6011- With the above observations and direction, all three applications are disposed of. However, it is provided that as on date, disbursement made under Section 530 of the Act is as per their entitlement of each entity. It is further clarified that as far as claims of State Bank of India is concerned, it would be open for the State Bank of India to raise further claim, if admissible, in accordance with law. The Official Liquidator shall undertake such exercise, as expeditiously as possible. It is expected that the applicants shall cooperate with the office of the Official Liquidator for disbursement of the amount as per this order and shall comply with all requirements that are necessary." (20.) The annexures to the Company Application No.67 of 2019 viz. the letter dated 04.04.2016 indicates that for the very prayer made in this application, Company Application No.366 of 2016 is filed, wherein, the orders as referred to herein above were passed. (21.) Learned counsel Mr.Apurva Vakil for the petitioner and Ms.Bhoomi Thakore for the Official Liquidator are therefore right in their submission that there is no reason why the Bank can be permitted to file another application particularly when the Chartered Accountant by its report dated 03.03.2017 had rejected the request for interest at 22.75% and disbursed an amount of Rs.4,39,46,642/- to the bank. The relevant observations of the report of the Chartered Accountant have been reproduced by the Official Liquidator in affidavit at para 16 thereof which reads as under: "16. That, the Official Liquidator further most respectfully submits that so far as claim of SBI on the basis of DRT decree dated 15.12.1998 is concerned the Chartered Accountant vide his report dated 03.06.2017 at page No.14 to 26 has rejected the same by observing that : "As decided in Canara bank V Mopeds India Limited 2004 CLC 66: (2004) 58 CLA (Sr) 9:2004) 50 SCL 105:2005) 124 Com Case 824 (AP.). If there is decree of DRT would allow claim of interest at contacted rate until the date of final settlement and if the sale proceeds of Company's assets are not distributed in equal proportion to the all creditors, one creditor, armed with decree would knock away the sale proceeds of entire assets. If there is decree of DRT would allow claim of interest at contacted rate until the date of final settlement and if the sale proceeds of Company's assets are not distributed in equal proportion to the all creditors, one creditor, armed with decree would knock away the sale proceeds of entire assets. Therefore, even though the court was empowered to admit a debit without further proof it could not do so for this reason. The decree obtained by the bank after years of proceedings becomes a worthless piece of paper. There definitely exist several conflicting provisions in the DRT Act and the provisions governing winding-up proceeding. Canara bank V Mopeds India Limited, 2004 CLC 66: (2004) 58 CLA (Sr.)9 : (2004) 50 SCL 105:2005) 124 Com Case 824 (AP.) Further, as per ex parte order of Debt Recovery Tribunal and claim lodged by the SBI, Interest on outstanding amount net of recoveries from OL and Guarantors from 02/04/1992 till 31/03/2016 at the rate of 22.75% per annum compounded quarterly is, in our opinion, in view of judgement of Canara Bank V/s. Mopeds India Limited, Rule 156 read with Rule 154 of companies (Court) rules,1959 is not provable as the rate is exceeding four percent per annum. As per Rule 156 of companies (Court) Rules, 1959 on any debt or certain sum payable at a certain time or otherwise whereon interest is not reserved or agreed for, and which is overdue at the date of winding-up order, or agreed for, and which is overdue at the date of the winding-up order, or the resolution as the case may be, the creditor may prove for interest at a rate not exceeding four percent upto that date from the time the debt or sum was payable, if the date or sum is payable by virtue of a written instrument at a certain time, and if payable otherwise, than from the time when a demand in writing has been made, giving notice that interest should be claimed from the date of demand until the time of payment. In view of Rule 156 of Companies (Court) Rules, 1959 read with Rule 154 of Companies (Court) Rules, 1959 , we are of the view that interest claim lodged by SBI on outstanding amount net of recoveries from OL and Guarantors from 02/04/1992 till 31/03/2016 i.e. on or after date of winding up order (i.e. 06/03/1990) at the rate of 22.75% per annum compounded quarterly cannot be provable as debt and the said Interest on outstanding amount as per the ledger of SBI (with interest application done up to 31/03/1990 and proportionate Penal interest @ 2% from 1/9/86 to 31/03/1990 i.e. Rs.2,51,05,643/- as referred in Table 3, @ 4% per annum from 01/04/1990 till 31/03/2016) compounded quarterly amounting to Rs. 6,42,76,967/- can be allowed as a Secured Creditor under the provisions of Companies Act, 1956." (22.) Thus the present Company application No.67 of 2019 seeks impleadment solely on the basis, which was the basis of State Bank of India's earlier Company Application No.366 of 2016. The said claim is already adjudicated/verified. The same has attained finality. State Bank of India cannot seek impleadment on the said basis. Accordingly, Company Application No.67 of 2019 is dismissed.