Allowed

Central Board of Trustees Employees Provident Fund v. M/s. Tungabhadra Industries Limited (in Liquidation)

Telangana HC22 Apr 2021COMPA/9/2021

Case brief

AI extract

What is this about?

Company Application filed to condone a delay of 4935 days in filing a claim before the Official Liquidator. The court allowed the application subject to the petitioner paying a conditional fee to the Advocates' Association.

What did the court decide?

Delay of 4935 days in filing the claim form was condoned subject to payment of Rs. 5,000 to the Advocates' Association.

Central Board of Trustees Employees Provident Fund… — Company and Corporate | Telangana HC (2021)

¶1

IN THE HIGH COURT T r.3frr.1.^BrA^{rE o F rE LA N GA NA}

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THURSDAY ,THE IWFIYTY SECOND DAY OF APRIL TWO THoUSAND AND rwerrrrl,orrri ^

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PRESENT

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THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM

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COMPANY APP LICATI oN NO.9 oF 2021

RCC NO: I OF 2 021

Between:

central Board of rrustees Employees provident Fund, Rep. by its the Assistant Provident Fund commissioner, Relional office - Hyderabad"jl, Employees provident Fund Organisation,E. P.F.O, 3-4-7 63, Barkatpura Chaman, HyderaUad' - Cit B.

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... Petitioner

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AND

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It//s. TUNGABHADRA INDUSTRIES LIN/ITED (in Liquidation), Rep. by its Official Liquidator, Office at 6-1-320, No. 2 Street, lV.l.G.H Colony, Walker Town, Padmarao Nagar, Secunderabad, Telangana-SOO 025. ...RESPONDENT

¶14

Company Application Under Rule 9 of the Companies⁽ Courts ) Rules,¹⁹⁵⁹ praying that this Hon'ble Court may be pleased to condone the delay of 4935 days in preferring the application for acceptance of claim form^-66 of the^petitioner / Applicant herein by the respondent.

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This Petition coming on for orders upon^{reading the CompanyApplication and} the affidavit dated 15-02-2021^filed by^{Smt.lVlunukutla Srilakshmi,Assistant Provident} Fund commissioner in support of^{the company applicationand upon hearingthe} arguments of Sri B.^{t,4anojKumar Advocatefor the Petitionerand Sri J. srinadh} Reddy, Counsel for the Official^{Liquidator for the Respondent.}

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The Court made the following:^ORDER

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THE HON'BLE^{SRI JUSTICECHALLA KOD,\NDA RAM} COMP. A . No.9^{of 2021}

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ORDER:

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This Company Application^{is filed for condoning the delay} of 4935 days in filing the^{claim by the Applir:ant beforethe} Official Liquidator.

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In the affidavit filed in support of this Application, it is stated that though the Applicant filed a claim belore the Official Liquidator on 0i.12.2006, there is no response from the Office o1' the Otficial Liquidator, but, finally, it received a letter dared 12.03.2020 lrom the Office of the Official Liquidator and that due to pandemic situation and in identification of documents. the delay occurred in filing the claim.

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On being satisfied with the above, delay of 4935 days in filing the claim by the Applicant is concjoned subject to the condition ol the Applicant paying a sum of Rs.5,000/- (Rupees Five Thousand only) to the Telangana Statc High Court Advocates' Association, Hyderabad, within a period of one (l) week from today.

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Accordingly, this Company Application is allowe<i

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The Official Liquidator, M/s. Tungabhadra lndustries Limited ( ln Liquidation ) , High Court at Hyderabad for the state of Telangana and the State of Andhra Pradesh 1"t floor corporate Bhawan, Nagole, Bandlaguda Thattiannaram Village Hayathnagar l,4andal, Ranga Reddy District Telangana State Pin Code 500 680.

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The Registrar of Companies, lVinistry of Corporate Affairs, Government of lndia 2"d floor Corporate Bhawan, Nagole, Bandlaguda, Thattiannaram Village Hayathnagar lvlandal, Ranoa Reddv District, Telanoana State oin Code 500 680.

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PTo

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3. Regio nal ,South Regron, IntstryofCo Thattiann rporaleAffairs, J floor CorporateBhawan,Nagoie, Bandlaguda, aramVillageHayathnagar [/andal,RangaReddvDistrictTelangana State,pinCode 500 680. 4. The TelanganaState HighCourt Advocate's Association Hyderabad. 5,One CCtoSRt.B IVANOJKU[4AR Advocate [OpUC 6.One CCtoSRt.J SRINADHREDDY,O.L.High Court at Hyderabad. 7.Two C.D.Copies t\rr-

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HIGH COURT

DATED:2210412021

ORDER

COMPA.N o.9 of 2021

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R.C.C. No. 220f 2000

ALLOWING THE COMPANY

APPLICATION

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Central Board of Trustees Employees Provident Fund v. M/s. Tungabhadra Industries Limited (in Liquidation)

Case brief

What is this about?

What did the court decide?

Central Board of Trustees Employees Provident Fund v. M/s. Tungabhadra Industries Limited (in Liquidation)

Case brief

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What did the court decide?

What the court decided

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