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Judgment
L. Narayana Swamy
This application is filed by the legal heir of deceased P. Bheemappa who was an ex-employee of M/s. Mysore Kirloskar Limited, Harihar, which was under liquidation, seeking for disbursement of claims of the deceased without insisting for production of Succession Certificate. It is submitted that applicant''s name is required to be entered in the adjudication proceedings by the Official Liquidator. It is also contended that she is unable to file Probate & Succession case before the Civil Court to obtain succession Certificate and is ready and willing to give indemnity bond, and as such, seeks direction to the Official Liquidator to accept the indemnity bond and to enter the names of the applicant. A direction is also sought to the Official Liquidator to issue Form No. 69 to the legal heirs of the deceased.
Learned counsel for the Official Liquidator submits that if the applicant produces the survivor-ship certificate and executes an indemnity bond for the said amount, he has no objection to disburse the amount.
It is submitted that this Court, under similar circumstances, in C.A. No. 666 of 2012 in Company Petition No. 166 of 2001 disposed of on 30th August 2012, wherein the respondent in that petition and the respondent in the present petition are same, has issued direction to the Official Liquidator to disburse the amount on production of survivor-ship certificate and on execution of an indemnity bond. Hence, this application is allowed in terms of the order made in C.A. No. 666 of 2012 disposed of on 30th August 2012. Applicant is granted four weeks'' time to produce the survivor-ship certificate and to execute indemnity bond. On production of the same, the Official Liquidator shall release or disburse the amount in accordance with law.