Karnataka High Court
Mr. Chinnaswamy Dead By Lrs vs The Official Liquidator Of on 31 January, 2013
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 31ST DAY OF JANUARY, 2013
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
C.A.NO.172/2013
IN
CO.P.NO.10/1988
BETWEEN:
Mr.Chinnaswamy,
Dead by his LR's,
Smt.Nagalambike,
W/o Late Chinnaswamy,
Major, R/at No.2414/1,
1st Cross, Hosabandikere,
K.R.Mohalla,
Mysore -570 004. ..Applicant
(By Smt.Asha S.M, Advocate)
AND:
The Official Liquidator of,
M/s Karnataka Ball Bearings Corporation Ltd.,
(in liquidation),
Hon'ble High Court of Karnataka,
12th Floor, Raheja Towers,
M.G.Road, Bangalore-560 001. ...Respondent
(By Sri.K.S.Mahadevan, Advocate for Official Liquidator)
2
This company application is filed under Rule
177of the Companies (Court) Rules, 1959, R/w Section
5 of the Limitation Act, praying that for the reasons
stated therein this Hon'ble Court may be pleased to:
Condone the delay of 593 days in preferring the
claim petition before the respondent Official Liquidator
and to direct the Official Liquidator to adjudicate the
claim made by the Applicant; and etc;
This Company Application coming on for Orders,
this day, the Court made the following:
ORDER
This application is filed by creditor seeking condonation of delay in lodging claim before official liquidator. Pursuant to order of winding up official liquidator has invited claims by publishing the same in the newspaper by notifying the last date to lodge the claim as 04.06.2011.
3
2. Applicant lodged the claim belatedly by filing form No.67. Cause for delay has been explained in the application which deserves to be accepted.
3. Learned counsel for official liquidator has no objection for condoning the delay and submits claim would be examined on merits. His submission is placed on record. Accordingly delay is condoned. C.A.172/2013 is allowed. Official Liquidator is permitted to adjudicate the claim on merits and in accordance with law.
Sd/-
JUDGE SBN