Karnataka High Court
Sri.Santosh Kumar vs Kingfisher Airlines Limited (In ... on 11 January, 2023
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
CA NO.367/2022
IN
COP NO.214/2012
BETWEEN:
SRI. SANTOSH KUMAR
S/O SHIVAKUMAR NAIR
AGED ABOUT 40 YEARS,
R/AT SHANTHI NILAYAM
ELIPPAKULAM PO, PALLICKAL
ALAPHZU, KERALA STATE - 690 503.
...APPLICANT
(BY SRI.K.S.HARISH , ADVOCATE)
AND:
KINGFISHER AIRLINES LIMITED (IN LIQUIDATION)
REPRESENTED BY THE OFFICIAL LIQUIDATOR
HIGH COURT OF KARNATAKA
CORPORATE BHAVAN, NO.26-27, 12TH FLOOR,
RAHEJA TOWERS, M.G. ROAD,
BENGALURU - 560 001.
... RESPONDENT
(BY MISS. KRUTIKA RAGHAVAN, ADVOCATE FOR OL)
THIS APPLICATION IS FILED UNDER RULE 177 & RULE 9
OF THE COMPANIES (COURT) RULES, 1959 READ WITH
SECTION 5 OF THE LIMITATION ACT 1963, FOR
CONDONATION OF DELAY PRAYING TO CONDONE THE DELAY
OF 795 DAYS IN FILING THE CLAIM APPLICATION (ANNEXURE
'A') WITH THE OFFICIAL LIQUIDATOR OF THE RESPONDENT
2
COMPANY, IN THE INTERESTS OF JUSTICE AND EQUITY AND
ETC.,
THIS APPLICATION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:-
ORDER
This application by the alleged Employer of the Company in liquidation seeks condonation of delay of 795 days in submitting the claim before the Official Liquidator contending that so much amount was due to him under the severe conditions. No objections are filed to the subject application. Till date the claims of others also have not been adjudged by the Official Liquidator although the process is half a through.
2. It is stated at the Bar that ordinarily, application for condoning delay are favorably considered by the Company Courts subject to all just exceptions into which the argued case of the applicant does not fit. More prejudice would be caused than otherwise, should delay be not condoned more particularly when the claimant happens to be the workman who is otherwise placed in a 3 protective condition under Section 529 of the Companies Act, 1956 on pari passu basis.
In view of the above, the application is favoured; delay of 795 days in submitting the claim is condoned and the claim of the Applicant be adjudged on its merits.
All contentions in that regard are kept open.
Sd/-
JUDGE DS