IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA COMPANY APPLICATION No.258/2019 IN COMPANY PETITION No.214/2012 BETWEEN :
MS. RAMAN SHARMA S/O PUNIT KUMAR SHARMA AGED ABOUT 36 YEARS R/AT H.NO.7, THIRD FLOOR TAGORE PARK, NEAR MODEL TOWN-1 DELHI-110 009. ..APPLICANT (BY SRI MUDASSIR HUSAIN, ADV. FOR SRI GAGAN GANAPATHY M.B., ADV.) AND :
THE OFFICIAL LIQUIDATOR OF M/S KINGFISHER AIRLINES LTD (IN LIQUIDATION) HON’BLE HIGH COURT OF KARNATAKA 12TH FLOOR, RAHEJA TOWERS, M.G.ROAD BENGALURU-560 001. …RESPONDENT (BY SMT. REVATHY ADINATH NARDE, ADV.) THIS COMPANY APPLICATION IS FILED UNDER RULES 177 OF THE COMPANIES COURT RULES READ WITH SECTION 5 OF THE LIMITATION ACT, PRAYING TO CONDONE THE DELAY OF 17 DAYS IN PREFERRING THE CLAIM PETITION BEFORE THE RESPONDENT I.E., THE OFFICIAL LIQUIDATOR AND TO DIRECT THE OFFICIAL LIQUIDATOR ADJUDICATE THE CLAIM MADE BY THE APPLICANT AND ETC., THIS APPLICATION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This application is filed by the applicant seeking condonation of delay of 17 days in preferring the claim petition before the respondent i.e., the official liquidator and to direct the official liquidator to adjudicate the claim made by the applicant.
2. It is submitted that the applicant is a worker/creditor of the respondent-Company as it owes dues as wages to the applicant at the time of passing of the winding up order by this Court.
3. It is submitted that respondent has invited the claims vide paper publication dated 25.07.2019 calling for the claim affidavits to be filed on or before 06.09.2019. According to which, Form No.67 ought to have been filed by the petitioner on or before 06.09.2019. However, due to some inconvenience, there is delay of 17 days in preferring the claim petition before the respondent. Hence, seeks for condonation of the said delay.
4. Having regard to the facts and circumstances of the case, this Court deems it appropriate to condone the delay of 17 days in preferring the claim petition before the official liquidator and is accordingly condoned. The official liquidator is directed to consider the claim of the petitioner and adjudicate the same in accordance with law.
Company Application stands disposed of accordingly.
SD/- JUDGE nms