Karnataka High Court
The Regional Provident Fund ... vs M/S Kingfisher Airlines Limited (In ... on 24 January, 2024
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NC: 2024:KHC:3294
CA No. 321 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
COMPANY APPLICATION NO. 321 OF 2023
BETWEEN:
1. THE REGIONAL PROVIDENT FUND COMMISSIONER-II
EMPLOYEES PROVIDENT FUND ORGANISATION,
REGIONAL OFFICE MUMBAI (BANDRA)
341, BHAVISHYA NIDHI BHAVANA,
BANDRA (EAST), MUMBAI 40051
...APPLICANT
(BY SRI. B V VIDYULATHA., ADVOCATE)
AND:
1. M/S KINGFISHER AIRLINES LIMITED (IN
LIQUIDATION)
REPRESENTED BY OFFICIAL LIQUIDATOR,
ATTACHED TO HIGH COURT OF KARNATAKA,
CORPORATE BHAVAN,
Digitally NO 26-27, 12TH FLOOR,
signed by
PRAMILA G V RAHEJA TOWERS, M G ROAD,
Location:
BANGALORE 560001
HIGH COURT ...RESPONDENT
OF (BY SRI. JAGADEESH GOUD PATIL., ADVOCATE FOR OL)
KARNATAKA
THIS COMPANY APPLICATION IS FILED UNDER RULE 177 OF
THE COMPANIES (COURT) RULES, 1959, READ WITH SECTION 5 OF
THE LIMITATION ACT, PAYING TO CONDONE THE DELAY OF 863
DAYS IN FILING FORM No.66 AS PER ANNEXURES-A AND B AND
DIRECT THE OFFICIAL LIQUIDATOR OF THE RESPONDENT COMPANY
(IN LIQUIDATION) TO CONSIDER THE CLAIM OF THE APPLICANT IN
ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND
EQUITY, ETC.
THIS COMPANY APPLICATION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:3294
CA No. 321 of 2023
ORDER
1. Heard the learned counsel appearing for the applicant in C.A. No.321/2023 and also the learned counsel appearing for the Official Liquidator.
2. Application is filed to condone the delay in presenting the claim before the Official Liquidator and for publication of notice under Rule 148 of the Companies (Court) Rules, 1959.
3. Statement of objections is not filed to the said application.
4. This Court has perused the application and also considered the grounds raised in the application. The application is filed by the Employees' Provident Fund Organisation.
5. Learned counsel for the applicants submits that the claim under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 has a precedence over other debts.
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NC: 2024:KHC:3294 CA No. 321 of 2023
6. Learned counsel for the Official Liquidator would also fairly submit that in similar circumstances, this Court has condoned the delay whenever a claim is made beyond the stipulated period.
7. Considering the submissions made and also on perusal of the records, this Court is of the view that delay in presenting the claim of the Official Liquidator is condoned. Accordingly, same is condoned.
8. The claim made by the applicant shall be considered in accordance with law. At this juncture, the Official Liquidator submits that if more records are required for consideration, the same shall be submitted by the applicant. The learned counsel for the applicant submits that documents needed for the purpose if notified will be produced.
9. Company Application is allowed, as prayed for.
Sd/-
JUDGE HNM List No.: 1 Sl No.: 17