This court allowed an interim application for condonation of a 103-day delay in filing an affidavit in proof of debt filed by a foreign company in a liquidation proceeding.
Delay in filing affidavit in proof of debt was condoned and Official Liquidator directed 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.
SWAROOP Digitally signed bySWAROOP SHARAD SHARAD PHADKE PHADKE Date: 2022.08.2314:22:03 +0530
14 ia 3211 of 2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3211 OF 2022 IN
COMPANY PETITION NO.434 OF 2016
…
Liang Lih Machine Company Limited Applicant
Versus
Auram Machines India Pvt. Ltd.
...
Respondent
Mr. Ankush Shah i/by Mr. Hemant Sethi, for Applicant.
Mr. Anil Bhagure, Asstt. Official Liquidator, present.
CORAM: N.J.JAMADAR, J.
DATE:20th AUGUST, 2022
P.C.:
1. Heard the learned Counsel for the Applicant.
2. This Application is taken out for condonation of delay of 103 days in
filing an Affidavit in proof of debt. The Applicant claims to be a Taiwan based
Company which had advanced ECB loan of USD 70,000 to the company in
liquidation.
3. There are averments in paragraph No.3 of the Application to make a sufficient cause for condonation of delay. Thus, to advance the cause of substantive justice, the Application stands allowed in terms of prayer clause (a).
4. Delay in filing affidavit in proof of debt stands condoned.
5. The Official Liquidator shall adjudicate the claim of the Applicant in
accordance with law.
SSP 1/2
14 ia 3211 of 2022.doc
4. The Application stands disposed.
( N.J.JAMADAR, J. )
SSP
1 issue framed by the court
Whether the delay in filing an affidavit in proof of debt should be condoned.
Liang Lih Machine Company Limited
Auram Machines India Pvt. Ltd.
N.J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court