As a company application filed to condone a 45-day delay in submitting a claim to the Official Liquidator of M/s. Allwyn Watches Limited, the single judge court accepted the explanation provided and granted condonation.
Delay of 45 days in filing the claim is condoned.
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THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY
Company Application No.1943 of 2011 In C.P.No.108 of 2011
3 0 th December, 2011
between :-
The Regional Manager, The Oriental Insurance Co.Ltd., 6-3-871, Snehalatha PB No.45, Greenlands Road, Begumpet, Hyderabad .. Applicant
And
M/s.Allwyn Watches Limited (In Prov.Liqn.) Rep.by the Official Liquidator, High Court of Andhra Pradesh, Hyderabad .. Respondent
THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY
Company Application No.1943 of 2011
In C.P.No.108 of 2011
ORDER:-
This is an application filed by the applicant to condone delay of 45 days in filing the claim before the Official Liquidator representing M/s.Allwyn Watches Ltd., (In Prov.Liqn.).
This Court by order dated 11-12-2006 passed in C.A.No.60 of 2011 permitted the Official Liquidator to invite claims from the creditors of M/s.Allwyn Watches Limited (In Prov.Liqn.). Accordingly, the Official Liquidator caused the publication of notice inviting the claims from the creditors of the Company (In Prov.Liqn.) in ‘Deccan Chronicle’ and ‘Andhra Jyothi’ on 5-4-2011 and fixed the last date for submitting the claims as 4-5-2011. The applicant herein furnished the copies of documents concerned the Proof of Debt on 17-6-2011 and since there is a delay of 45 days in filing the claim, the instant application has been moved to condone the delay.
The Official Liquidator placed on record his report.
Perused the affidavit filed in support of the application and the report of the Official Liquidator.
Circumstances under which delay occurred in filing the claim have been explained in para 10 of the affidavit. In view of the reasons stated in the affidavit, delay of 45 days in filing the claim before the Official Liquidator by the applicant is condoned.
Accordingly, the Company Application is ordered.
B.Seshasayana Reddy, J
30th December, 2011 smr
2 issues framed by the court
Whether to condone a delay of 45 days in filing a claim before the Official Liquidator.
Whether the reasons given in the affidavit justify the delay.
The Regional Manager, The Oriental Insurance Co.Ltd.
M/s.Allwyn Watches Limited (In Prov.Liqn.) Rep.by the Official Liquidator
B.Seshasayana Reddy
As recorded by the court registry
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