P.Gopal v. The Official Liquidator
Case brief
What is this about?
The Court allowed the applicant's prayer for condonation of delay in filing the claim petition. The delay was excused due to the misplaced original deposit receipt, subject to filing Form No.66 with the original receipt within a fortnight.
What did the court decide?
Condonation of delay allowed subject to filing Form No.66 with the original deposit receipt/certificate within a fortnight.
What the court decided
A compact analysis
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.
Comp.A.No.179 of 2022 in C.P.No.65 of 2002
Comp.A.No.179 of 2022 in C.P.No.65 of 2002
M.SUNDAR, J.,
Captioned application has been filed with 'Condonation of Delay' ['COD'].
- COD prayer is qua delay in filing claim petition in Form No.66.
- Ms.L.Aishwarya Lakshmi, learned counsel for applicant adverting to support affidavit submits that the original deposit receipt was misplaced during whitewashing and cleaning up of the applicant's house and it was located only recently.
- Mr.Bavisetty Sridhar, learned 'Deputy Official Liquidator' [hereinafter 'Deputy OL' for the sake of convenience and clarity] who is before this Court on behalf of 'Official Liquidator attached to this Court' [hereinafter 'OL' for the sake of convenience and clarity] submits that he has no serious objection or opposition to this COD prayer.
Page No:1/2 https://www.mhc.tn.gov.in/judis
Comp.A.No.179 of 2022 in C.P.No.65 of 2002
M.SUNDAR, J.,
Issues for consideration
1 issue framed by the court
Whether condonation of delay is permissible given the loss of original deposit receipt during house whitewashing.
Parties & counsel
- other
M.SUNDAR
- applicant
applicant
- respondent
official liquidator
Coram
Case details
As recorded by the court registry
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