The High Court allowed the interim application for condonation of a four-day delay in filing an affidavit of claim. The court directed the Official Liquidator to adjudicate the claim in accordance with law.
Condonation of a four-day delay in filing the affidavit of claim; direction to the Official Liquidator to adjudicate the claim.
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.
6-IA-1624-20+.DOC
Sayali Upasani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.1624OF 2020
IN
SANTOSH SUBHASH KULKARNI
Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2022.08.18 11:41:03 +0530
CLAIM APPLICATION NO.305 OF 2019
IN
COMPANY PETITION NO.517 OF 2013
Sampat NivruttiMatale ...Applicant/ Claimant
Versus BCL Forgings Ltd, (in liquidation) Through Official Liquidator, Bombay High Court ...Respondent
None for Applicant Mr. M. Aithe for Company Prosecutor, for Official Liquidator.
CORAM: N. J. JAMADAR, J. DATED : 17th August, 2022
PC:-
advance the cause of substantive justice, the delay of four
days in filing an affidavit in proof of the claim deserves to be condoned.
1/2
6-IA-1624-20+.DOC
2/2
2 issues framed by the court
Whether the delay of four days in filing the affidavit of claim deserves condonation to advance substantive justice.
Whether the claim filed in the insolvency proceedings should be adjudicated by the Official Liquidator.
1 provisions across 1 enactments
SAMPAT NIVRUTTIMITALE
BCL FORGINGS LTD THROUGH OFFICIAL LIQUIDATOR
N. J. JAMADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
