Allowed

T.Andal, v. M/s Vishweshwara Finance and Chit Fund Company (Pvt) Ltd.

Telangana HC11 Nov 2014COMPA/1243/2014

Case brief

AI extract

What is this about?

This common order condoned a delay of 337 days for petitioners, members of a liquidated chit fund company, to file claim applications before the Official Liquidator. Permission was granted to file within four weeks.

What did the court decide?

Petitioners were permitted to file claim application in Form No.66 before the Official Liquidator within four weeks.

T.Andal, Vs M/s Vishweshwara Finance and Chit Fund Company (Pvt) Ltd. — Telangana HC (2014) — LawSathi Research

¶1

HON’BLE SRI JUSTICE A. RAJASHEKER REDDY COMPANY APPLICATION NO.1241, 1242 & 1243 of 2014 IN

¶2

COMPANY PETITION No.38 OF 2005

¶3

COMMON ORDER:

¶4

These applications are filed seeking condonation of delay of 337 days in filing the claim application before the Official Liquidator in Form No.66.

¶5

It is stated in the affidavit filed in support of these petitions that petitioners are the members in the respondent Chit Fund Company for Rs.1,00,000/- each and the chit period was 50 months @ Rs.2,000/- per month as monthly subscription. This Court vide order dated 15.11.2005 in CP.No.38 of 2005 ordered winding up of the respondent company and appointed Official Liquidator as the Liquidator of the Company and further directed the Official Liquidator to invite the claims from the creditors of the respondent company.

¶6

It is also submitted that the petitioners have not seen the notice in Form No.63 published in “Deccan Chronicle” and “Andhra Bhoomi” newspapers wherein the last date for receipt of claims is fixed as 20.02.2009. As such, the petitioners could not submit the claim application in Form No.66 before the Official Liquidator in time. Subsequently, the Official Liquidator issued proceedings dated 10.10.2013 advising the petitioners to obtain orders from this Court condoning the delay in filing the claim application, failing which it shall be presumed that the petitioners has no claim against the company in liquidation.

¶7

It is further submitted that petitioners have paid all the subscription amounts to the respondent company.

¶8

Learned counsel for the Official Liquidator states no objection for condoning the delay in filing the claim application.

¶9

In view of the above facts and circumstances, these applications are ordered and petitioners are permitted to file claim application in Form No.66 before the Official Liquidator within four (4) weeks from today.

¶10

A. RAJASHEKER REDDY, J

¶11

Date: 11-11-2014 dv

T.Andal, v. M/s Vishweshwara Finance and Chit Fund Company (Pvt) Ltd.

Case brief

What is this about?

What did the court decide?

T.Andal, v. M/s Vishweshwara Finance and Chit Fund Company (Pvt) Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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