The Karnataka High Court condoned a 539-day delay in filing a claim petition by a former employee against a company in liquidation, directing the Official Liquidator to adjudicate the claim.
Delay of 539 days in filing claim petition condoned; Official Liquidator directed to consider the application.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 10TH DAY OF JANUARY 2013
BEFORE
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY
COMPANY APPLICATION No.3/2013 IN
COMPANY PETITION No.154/2002
BETWEEN :
MR Y. V. S. BHAGAWAN MAJOR, P.NO.91020, R/AT NO.101, ASHMAN ESTATE, VIJAYANAGAR COLONY, HYDERABAD-500057. …. .APPLICANT
( BY SMT. ASHA S M, ADV. )
AND :
THE OFFICIAL LIQUIDATOR OF M/S NGEF LIMITED (IN LIQUIDATION) HON'BLE HIGH COURT OF KARNATAKA, 12TH FLOOR, RAHEJA TOWERS, MG ROAD, BANGALORE-1.
...RESPONDENT
( BY SRI. K S MAHADEVAN & V JAYARAM, ADVS. FOR OL )
THIS COMPANY APPLICATION IS FIELD U/S. 177 OF THE COMPANIES (COURT RULES, 1959, PRAYING TO CONDONE THE DELAY OF 539 DAYS IN IN PREFERRING THE CLAIM PETITION BEFORE THE RESPONDENT OFFICIAL LIQUIDATOR AND TO DIRECT THE OFFICIAL LIQUIDATOR TO ADJUDICTE THE CLAIM
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MADE BY THE APPLICANT.
THIS COMPANY APPLICATION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
This application is filed by the former employee of the
Company in liquidation. The employee of the company made an application to the Official Liquidator in respect of his claim. While making such application there is delay and in order to condone the same the company application is filed before this Court.
stated therein are to the satisfaction of this Court. Hence, delay condoned. Application is allowed. Official Liquidator is directed to consider the application in accordance with
law.
Sd/JUDGE
Rms
1 issue framed by the court
Whether the delay in preferring the claim petition before the Official Liquidator can be condoned.
1 provisions across 1 enactments
Y. V. S. Bhagawan
The Official Liquidator of M/s NGEF Limited
L. Narayana Swamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
