The applicant, a secured creditor, sought to file proof of debts with condonation of a nearly two-year delay. The Assistant Official Liquidator had no objection. The court allowed the application.
Permission to file proof of debts with condonation of delay.
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.
33.ca.786.2015.doc
dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY APPLICATION NO. 786 OF 2015 IN
COMPANY PETITION NO. 423 OF 2010
The Thane Bharat Sahakari Bank Ltd. ...Applicant In the matter of International Asset Reconstruction Co.Pvt.Ltd. ...Petitioner vs The Official Liquidator of Phoneix Alchemy Pvt. Ltd. ...Respondent And The Thane Bharat Sahakari Bank Ltd. ...Secured Creditor. ..... Mr Bhupesh V. Samant for the Applicant. Ms Pratibha, Asstt. OL present.
..... CORAM : B. P. COLABAWALLA J.
APRIL 20, 2016
P.C. :
This Company Application has been filed by the Thane Bharat Sahakari Bank Ltd., who claims to be a secured creditor of the Company in liquidation. The prayer sought in this Company Application is that the Applicant be permitted to file its proof of debts before the Official Liquidator and the delay of one year and nine months in filing the proof of debt be condoned.
2 The Assistant Official Liquidator, who is present in the Court
Pg 1 of 2
33.ca.786.2015.doc
states that, she has no objection to the Company Application being allowed.
3 In view thereof, the Company Application is allowed in terms of prayer clause (a) and is disposed of accordingly. There shall be no order as to costs.
( B. P. COLABAWALLA J. )
Pg 2 of 2
1 issue framed by the court
Whether condonation of delay is required for filing proof of debt.
The Thane Bharat Sahakari Bank Ltd.
International Asset Reconstruction Co. Pvt. Ltd.
The Official Liquidator of Phoneix Alchemy Pvt. Ltd.
B. P. COLABAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
