Smt.M.R.Pushpalatha vs M/S. The Mandya National Paper Mills Ltd on 11 September, 2014

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Karnataka High Court

Smt.M.R.Pushpalatha vs M/S. The Mandya National Paper Mills Ltd on 11 September, 2014

Bench: A S Bopanna

  IN THE HIGH COURT OF KARNATAKA AT BANGALORE

      DATED THIS THE 11TH DAY OF SEPTEMBER, 2014

                         BEFORE:

         THE HON'BLE MR. JUSTICE A S BOPANNA

            Company Application No.1418 of 2014
                             In
              Company Petition No.112 of 1994

BETWEEN


SMT.M.R.PUSHPALATHA
AGED 48 YEARS
W/O SRI G.K YOGANANDA
R/A NO.11, SHATHAKRISHNA
1ST CROSS, 5TH MAIN
CFTRI LAYOUT
BHOGADHI 2ND STAGE
MYSORE 570026

                                                  ... APPLICANT
(BY SRI. PUNDIKAI ISHWARA BHAT, ADV.,)


AND

M/S. THE MANDYA NATIONAL
PAPER MILLS LTD (IN LIQUDATION)
REPRESENTED BY THE OFFICIAL LIQUIDATOR
ATTACHED TO THE HON'BLE
HIGH COURT OF KARNATAKA
CORPORATE BHAVAN, NO.26-27
RAHEJA TOWERS, 12TH FLOOR
M.G ROAD, BANGALORE 560 001
                                              ... RESPONDENT
(BY SRI. K.S MAHADEVAN & V JAYARAM, ADVS.,)
                                2

      THIS COMPANY APPLICATION IS FILED UNDER SECTION
474 OF THE COMPANIES ACT R/W RULE 7, 9 AND 177 OF THE
COMPANIES (COURT) RULES 1959, PRAYING TO CONDONE THE
DELAY OF 3685 DAYS IN FILING THE CLAIM APPLICATION
BEFORE THE OFFICIAL LIQUIDATOR OF THIS HON'BLE COURT
AND DIRECT THE OFFICIAL LIQUIDATOR TO RECEIVE THE CLAIM
APPLICATION AND ETC.,

      THIS COMPANY APPLICATION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:-

                           ORDER

The applicant has filed the instant application seeking condonation of delay in lodging the claim before the Official Liquidator.

2. It is no doubt true that the delay if computed from the date on which the claim ought to have been made would be 3685 days. However, what is necessary to be noticed is that with regard to certain industrial dispute, the applicant was before the Labour Court in Reference No.146/1998. The reference has been decided in favour of the applicant on 2.9.2013 and in that view, the applicant has now become entitled to make claim before the Official Liquidator. In that view, the delay is condoned. 3

3. The Official Liquidator is directed to accept the claim of the applicant and adjudicate the same in accordance with law.

4. C.A. No.1418/2014 is disposed of accordingly.

Sd/-

JUDGE AN/-

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