IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MARCH 2017 BEFORE THE HON’BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN COMPANY APPLICATION NO.724 OF 2016 IN COMPANY PETITION NO.185 OF 2002 Between:
Ms. Vimala Vani C, Dead by her LR’s Smt. Sulochana, W/o Late Chokkalingam, Aged about 61 years, R/at No.588, New No.25, 14th F Cross, Behind JJ Church, Ejipura, Bengaluru-560047 …Applicant (By Ms. Asha S.M., Advocate) And The Official Liquidator of M/s B S Refrigerators Limited (In liquidation) Hon’ble High Court of Karnataka, 12th Floor, Raheja Towers, MG Road, Bengaluru-560001 ... Respondent (By Sri. K.S Mahadevan and V. Jayaram, Advocates for Official Liquidator) This company application is filed under Rule 177 of the Companies(Court) Rules, read with Section 5 of the Limitation Act, praying to condone the delay of 18 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:
O R D E R An application under Rule 177 of the Companies (Court) Rules read with section 5 of the Limitation Act, has been filed for seeking condonation of delay of 18 days in preferring the claim before the learned Official Liquidator (‘OL’ for short).
2. The learned counsel for the applicant submits that by order dated 03.08.2004, this Court had directed the winding up of M/s. B. S. Refrigerators Limited (‘the company in liquidation’ for short). Although the Official Liquidator had issued a public notice for inviting claims, the said public notice could not be noticed by the applicant. Therefore, she could not file her claim application before the Official Liquidator. However, she has submitted the proof of her debt in Form No.67 with the Official Liquidator on 14.06.2016. Since there is a delay of 18 days in preferring the claim, hence the present application.
2. The applicant’s daughter claims her mother was a worker in the company in liquidation. Therefore, in the interest of justice, the delay of 18 days is hereby condoned and the Official Liquidator is directed to adjudicate upon the claim filed by the applicant.
The application is hereby allowed.
Sd/- JUDGE Mds/-