Court allowed a company application to permit the widow of a former workman, who was unaware of liquidation claims procedures, to file a time-barred claim.
Company petition made absolute to allow the applicant to make her claim at this stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
44CA-151-2014.DOC
Vishal
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.151 OF 2014
IN
COMPANY PETITION NO.743 OF 1990
Smt.Shajahan Attar,
Widow of Late Shri Datagir R. Attar…Applicant
And
M/s. United Metachem Pvt. Ltd....Petitioner
Versus
The Official Liquidator of M/s. Mafatlal Engg.
Ind. Ltd. (in liqn.).Respondents
Mrs. Molina Thakur for the Applicant.
CORAM: G.S. PATEL, J DATED: APRIL 10, 2014
PC:-
1.Although the delay in this matter is considerable, having
regard to the fact that applicant is the widow of ab erstwhile
workman of the company in liquidation, the application deserves to
be allowed. She has stated in her affidavit that she was not aware of
the steps to be taken in making her claim.
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44CA-151-2014.DOC
2. I see no reason why she should be denied the opportunity of making her claim at this stage.
3. Company petition is, therefore, made absolute in terms of prayer clauses (a) and (b).
(G. S. PATEL, J.)
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1 issue framed by the court
Whether an application by a workman's widow for a time-barred claim should be allowed despite considerable delay due to lack of awareness of legal steps.
Smt. Shajahan Attar
M/s. United Metachem Pvt. Ltd.
The Official Liquidator of M/s. Mafatlal Engg. Ind. Ltd.
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court