The High Court of Karnataka allowed a company application seeking condonation of a 1692-day delay in filing a claim petition before the Official Liquidator. The court held the delay was due to bonafide reasons and unavoidable circumstances.
Delay of 1692 days in filing claim petition is condoned; Official Liquidator directed to adjudicate 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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2022
BEFORE
THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR
COMPANY APPLICATION NO.26 OF 2022
IN
COMPANY PETITION NO. 185 OF 2022
BETWEEN
SRI. RAMESH G S/O SRI GOPAL AGED 55 YEARS, PRESENTLY R/AT NO.376 7TH CROSS, AMBEDKAR NAGAR, PATTADURU GUTTA WHITEFIELD, BENGLAURU-560 066.
…APPLICANT
(BY SMT. ASHA S M, ADVOCATE)
AND
THE OFFICIAL LIQUIDATOR OF M/S. B S REGRIGERATORS LIMITED (IN LIQUIDATION) HONBLE HIGH COURT OF KARNATAKA, 12TH FLOOR, RAHEJA TOWERS, MG ROAD, BENGALURU - 560 001.
…RESPONDENT
(BY SMT. REVATHI ADINATH NARDE, OFFICIAL LIQUIDATOR)
THIS COMPANY APPLICATION IS FILED UNDER RULE 177 OF THE COMPANIES (COURT) RULES R/W SECTION 5 OF THE LIMITATION ACT, PRAYING TO CONDONE THE DELAY OF 1692 DAYS IN PREFERRING THE CLAIM PETITION BEFORE THE RESPONDENT OFFICIAL LIQUIDATOR AND TO DIRECT THE
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OFFICIAL LIQUIDATOR TO ADJUDICATE THE CLAIM MADE BY THE APPLICANT; & ETC.
THIS COMPANY APPLICATION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present application has been filed by the applicant seeking condonation of delay of 1692 days in filing the claim petition before the respondent.
The delay of 1692 days in filing the claim petition before
the respondent is hereby condoned.
AN/-
Sd/JUDGE
3 issues framed by the court
Whether an application to condone a delay of 1692 days in filing a claim petition under Section 5 of the Limitation Act deserves to be allowed.
Whether sufficient cause and unavoidable circumstances exist to condone the delay.
Whether the court should direct the respondent Official Liquidator to adjudicate the appeal.
2 provisions across 2 enactments
SRI. RAMESH G
OFFICIAL LIQUIDATOR OF M/S. B S REGRIGERATORS LIMITED
S.R. KRISHNA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
