Mohinder Singh Dua vs Official Liquidator and Liquidator of Kamla Landmarc Construction Pvt. Ltd. (In Liquidation) — Bombay HC (2025) — LawSathi Research

Mohinder Singh Dua vs Official Liquidator and Liquidator of Kamla Landmarc Construction Pvt. Ltd. (In Liquidation) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of the 673-day delay in filing the affidavit of proof of debt; Official Liquidator directed to accept the affidavit of proof of debt and adjudicate it as expeditiously as possible.

Issue for consideration

Whether the delay of 673 days caused in filing the affidavit of proof of debt by the Applicants should be condoned and the Official Liquidator directed to accept the same. +1 more

Court's answer

The Official Liquidator is directed to accept the affidavit of proof of debt and adjudicate the same as expeditiously as possible; the Interim Application stands disposed of.

Ratio / Principle

Delay of 673 days in filing the affidavit of proof of debt stands condoned, the explanation offered being found sufficient.

Detailed headnote1 paragraphs

Bombay High Court, Commercial Division (Ordinary Original Civil Jurisdiction); Interim Application (L) No. 35594 of 2024 in Company Petition No. 657 of 2016 (Kishinchand R. Ludhani v. The Official Liquidator and Liquidator of Kamla Landmarc); decided by Sharmila U. Deshmukh, J. on June 16, 2025 (footnoted as a corrected order in terms of a speaking-to-minutes order of 23-06-2025). Applicants Mohinder Singh Dua and Another sought condonation of a 673-day delay in filing their affidavit of proof of debt and direction that the Official Liquidator accept it. Cause shown: the Applicants had pursued an Interim Application in the pending company petition instead of filing the affidavit with the Official Liquidator; counsel for the Official Liquidator did not dispute this position. Background: the Respondent-Company is a judgment debtor under an award dated 6 March 2019 which the Applicants had put into execution. Finding sufficient explanation, the Judge condoned the delay of 673 days, directed the Official Liquidator to accept the affidavit of proof of debt and adjudicate it as expeditiously as possible, and disposed of the Interim Application. No statutes or precedents were cited.

39 Ia(L)-35594-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

INTERIM APPLICATION [L] NO. 35594 OF 2024 IN

COMPANY PETITION NO. 657 OF 2016

Mohinder Singh Dua and Another. ...Applicants. In the matter between : Kishinchand R. Ludhani.. ...Petitioner. Versus The Official Liquidator and Liquidator of Kamla Landmarc. ...Respondent.

S. C. Naidu, Manoj Gujar, T. R. yadav and Pradeep Kumar for the Applicants. Dhaval Poriya and Heena Thalesan i/b Vimaldalal & Co., for the the Petitioner. Mr. Mutahhar Khan for Official Liquidator.

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Coram : Sharmila U. Deshmukh, J. Date : June 16, 2025.

P. C. :

1. Interim Application seeks condonation of delay of 673 days caused in filing the affidavit of proof of debt by the Applicants and direction to the Official Liquidator to accept the same.

2. Mr. Naidu, learned Counsel appearing for the Applicants submits that Respondent-Company is judgment debtor under the award of 6^th March 2019 which has been put into execution by the Applicants. He submits that instead of filing affidavit of proof of debt, Interim Application was taken in the present proceedings and therefore there

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39 Ia(L)-35594-2024.doc

is delay of 673 days

3. Learned Counsel appearing for the Official Liquidator does not dispute the position that instead of filing affidavit of proof of debt with Official Liquidator, the Applicants has been pursuing Interim Application in the company Petition.

4. As there is sufficient explanation for the delay, delay of 673 days stands condoned. Official Liquidator is directed to accept the affidavit of proof of debt and adjudicate the same as expeditiously as possible. Interim Application stands disposed of.

[Sharmila U. Deshmukh, J.]

[This is Corrected Order in terms of speaking to minutes order dtd 23-6-2025]

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