Allowed

Kumar v. the Official Liquidator of M/S Bee Jay Pee Sacks Pvt. Ltd. (in Liquidation)

Karnataka HC5 Dec 2024CA/56/2023

Case brief

AI extract

What is this about?

A workman sought condonation of an 8-year delay in filing his claim affidavit before the Official Liquidator of a company in liquidation for wage arrears, gratuity and leave salary. The Official Liquidator raised no objection; the court found sufficient cause and condoned the delay.

What did the court decide?

8-year delay in filing claim Form No.66 condoned; Official Liquidator directed to adjudicate the claim within two months.

Kumar Vs the Official Liquidator of M/S Bee Jay… — Insolvency and Bankruptcy | Karnataka HC (2024)

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NC: 2024:KHC:50546 CA No. 56 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE ASHOK S.KINAGI

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COMPANY APPLICATION NO. 56 OF 2023

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COMPANY PETITION No. 60 OF 2004

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BETWEEN:

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KUMAR S/O CHIKKASIDDAIAH, AGED ABOUT 34 YEARS, R/AT AMBEDKAR BIDI, JAYAPURA HOBLI, SINDHUHALLI POST, BYATHAHALLI, MYSURU-571302.

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…APPLICANT

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(BY SMT. SHOBHA H K., ADVOCATE)

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AND:

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Digitally signed by B VEENA KUMARI Location: HIGH COURT OF KARNATAKA

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THE OFFICIAL LIQUIDATOR OF M/S BEE JAY PEE SACKS PVT. LTD., (IN LIQUIDATION) HON'BLE HIGH COURT OF KARNATAKA 12^TH FLOOR, RAHEJA TOWER MAHATHMA GANDHI ROAD BENGALURU 560001

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…RESPONDENT (BY SRI. SHRISHAIL NAVALGUND FOR OL) THIS COMPANY APPLICATION IS FILED UNDER RULE 177 OF THE COMPANIES (COURT) RULES, 1959, R/W SECTION 5 OF THE LIMITATION ACT PRAYING TO CONDONE THE DELAY OF 8 YEARS IN PREFERRING THE CLAIM FORM No.66 AFFIDAVIT BEFORE THE OFFICIAL LIQUIDATOR AND DIRECT THE

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NC: 2024:KHC:50546 CA No. 56 of 2023

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OFFICIAL LIQUIDATOR IN ADJUDICATE THE CLAIM MADE BY THE APPLICANT; AND ETC.,

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THIS COMPANY APPLICATION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

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ORAL ORDER

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The applicant applied under Rule 177 of the Companies (Court) Rules 1959, read with Section 5 of the Limitation Act.

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Brief facts leading rise to the filing of this application are as follows:

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The respondent – company (in liquidation) was closed on 13.12.2001, and this Court appointed the official liquidator attached to this Court as liquidator of the respondent – company. The applicant is the workman of the respondent. The company owes dues as wage arrears, gratuity, leave salary, etc., to the applicant at the time of its winding up. The official liquidator, though called for claim from workmen, issued the paper publication in 2014 stating that, the claim affidavit required to be filed, and

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NC: 2024:KHC:50546 CA No. 56 of 2023

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the applicant could not file Form-66 within a stipulated period. Hence, the applicant has filed the application to condone the delay of 8 years in filing Form No.66.

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Heard the learned counsel for the applicant and the official liquidator.

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The official liquidator submits no objections to allow the application to condone the delay. The applicant is a workman of the respondent – company (in liquidation), and the respondent –company as it owes dues as wage arrears, gratuity, leave salary etc., to the applicant. This Court has passed the order to wound up the company and appointed the official liquidator. The official liquidator issued the paper publication in 2014, inviting the claim, but the applicant could not file Form No.66 within a stipulated period. Thus, the delay was caused by preferring the claim to be made before the official liquidator. Hence, the applicant has shown sufficient cause to condone the delay in filing the claim before the official liquidator. The application deserves to be allowed.

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NC: 2024:KHC:50546 CA No. 56 of 2023

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Accordingly, I proceed to pass the following:

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ORDER

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i. The company application is allowed.

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ii. A delay of 8 years is condoned in preferring the claim Form No.66 affidavit before the official liquidator.

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iii. The official liquidator is directed to adjudicate the claim made by the applicant in accordance with law within two months from the date of receipt of a copy of this order.

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Sd/(ASHOK S.KINAGI) JUDGE

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SKS

Kumar v. the Official Liquidator of M/S Bee Jay Pee Sacks Pvt. Ltd. (in Liquidation)

Case brief

What is this about?

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Kumar v. the Official Liquidator of M/S Bee Jay Pee Sacks Pvt. Ltd. (in Liquidation)

Case brief

What is this about?

What did the court decide?

What the court decided

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