Single judges order condoning a 228-day delay in filing service benefit claims before the Official Liquidator of Travancore Rayons, directing the applicants to file within two weeks.
Order condoning 228 days delay in submitting claims; applicants directed to file before Official Liquidator within two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
(Original Jurisdiction)
In the matter of the Companies Act, 1956
and
In the matter of M/s.Travancore Rayons Ltd.(in Liquidation)
Co.Appl. No.197/2023 in Co.Pet.14/2002
Before:
The Honourable Mr. Justice VIJU ABRAHAM
Monday, the 27th day of November, 2023/6 th Agrahayana, 1945
Applicants
Co.Appl. No.197 of 2023 in C.P.No.14 of 2002
2
Respondent:
M/s.Travancore Rayons Limited (in Liquidation), Represented by the Official Liquidator, High Court of Kerala, Company Law Bhavan, B.M.C. P.O., Trikkakara, Cochin, Pin – 682 021.
Company Application under Rule 9 of the Companies (Court) Rules, 1959 filed by the applicant above named praying for an order:- to condone the delay of 228 days in submitting the claim before the official liquidator with regard to the applicants' service benefits due from the company and adjudicate the claim of the applicants as per law.
Co.Appl. No.197 of 2023 in 3 C.P.No.14 of 2002
This Company Application coming on for orders on this day upon hearing Sri.Babu Cherukara, Advocate for the applicant and Sri.K.Moni, Standing Counsel for the Official Liquidator, the Court passed the following:-
Co.Appl. No.197 of 2023 in C.P.No.14 of 2002
4
VIJU ABRAHAM, J.
Co.Appl. No.197 of 2023
in C.P.No.14 of 2002
Dated this the 27th day of November, 2023
ORDER
Applicants are entitled to get the service benefits from M/s Travancore Rayons Limited (in liquidation) as they were the employees in the company and that the claims towards which ought to have been raised before the Official Liquidator on or before 31.03.2023. The applicants were not aware of such cut off date fixed and when they approached the Official Liquidator, they were intimated that there is a delay which ought to be condoned by this Court and then only the claims could be received by the Official Liquidator.
After hearing both sides and after going through the affidavit filed and the reasons stated therein, I am inclined to condone the delay of 228 days in submitting the claims before the Official Liquidator. The applicants shall file claims before the Official Liquidator within a period of two weeks from the date of receipt of a copy of the order and if claims are filed within the abovesaid period, same shall be considered by the Official Liquidator in accordance with law.
JUDGE
cks
2 issues framed by the court
Whether the delay of 228 days in submitting statutory claims regarding service benefits before the Official Liquidator should be condoned.
Whether the applicants were aware of the cutoff date for submitting claims to the Official Liquidator.
2 provisions across 2 enactments
N.P.Purushan and others
M/s.Travancore Rayons Limited (in Liquidation)
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
