The High Court allowed an application seeking condonation of a 10-year delay in filing an Affidavit of Proof of Debt. The applicant's dues were accepted for record, and the respondent was ordered to adjudicate the claim.
Delay in filing Proof of Debt condoned; order to take Affidavit on record and adjudicate claim.
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15.CA-498-2015
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY APPLICATION NO.498 OF 2015 IN COMPANY PETITION NO.166 OF 2002
Arun Parshuram Zajam ….Applicant IN THE MATTER BETWEEN : BIFR ….Petitioner V/s. The Official Liquidator of M/s. Modistone Ltd. (In Liqn.) ….Respondent
Mr. L.R. Castelino for the applicant.
Ms. Pratibha Ramaswamy, Assistant Official Liquidator present.
CORAM : K.R.SHRIRAM,J DATE : 24th FEBRUARY, 2016
P.C.:-
1 Considered the application as well as the affidavit in support
thereto. The Assistant Official Liquidator has no objection.
2 In view of the averments made in the affidavit in support, the
application is allowed and accordingly disposed of in terms of prayer
clause – (a), which reads as under :-
“(a) That this Hon'ble Court be pleased to pass an order that the delay of 10 years 1 month 5 days to file the Affidavit of Proof of Debt in respect of dues of the Applicant, with the Respondent be condoned and the Respondent be ordered to take on record the Affidavit of Proof of Debt to be filed by the Applicant with the Respondent and adjudicate the said claim in accordance with law.”
(K.R.SHRIRAM,J)
Gauri Gaekwad
2 issues framed by the court
Whether the delay in filing Affidavit of Proof of Debt of over 10 years should be condoned and adjudicated.
Whether the Official Liquidator has any objection to accepting the belated Proof of Debt.
BIFR
Arun Parshuram Zajam
The Official Liquidator of M/s. Modistone Ltd.
K.R.SHRIRAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
