M/S Nehru Place Hotels And Real Estates(P) Limited v. M/S Triveni Infrastructure Development Co Limited

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 271/2011 M/S NEHRU PLACE HOTELS AND REAL ESTATES(P) LIMITED.

..... Decree Holder Through: Ms Ridhi Goel, Advocate.

versus M/S TRIVENI INFRASTRUCTURE DEVELOPMENT CO LIMITED ..... Judgement Debtor Through: ^Mr Ashvary Vikram, Advocate.

Mr Rajiv Bahl, Advocate with Ms Ruchi Khurana, Advocate for OL.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 16.08.2016 Ex APPL. (OS) 581/2011 Allowed, subject to all just exceptions.

The application is disposed of.

Ex. APPL. (OS) 1092//2015 This is an application filed on behalf of the Decree Holder seeking condonation of delay of 430 days in filing a claim before the Official Liquidator (OL). The learned counsel for the Decree Holder also referred to an order dated 19.11.2013 whereby the Decree Holder was granted liberty to approach the Company Court [sic Board] regarding its claim and submitted that in view of the aforesaid order this Court ought to condone the delay which she stated was for bona fide reasons.

Mr Bahl, learned counsel appearing for the OL states that claims were invited by the OL and the last date for filing the same has since elapsed. The prayer made by the Decree Holder for condonation of delay cannot be entertained by this Court and the Decree Holder would have to approach the Company Court for condonation of delay in filing its claim before the OL. The present application is, accordingly, disposed of with the aforesaid observations.

EX.P. 271/2011 In view of the fact that an OL has been appointed and the scheme for revival of the company is also under consideration, no purpose would be served in keeping the present petition pending before this Court. The same is, accordingly, disposed of.

The petitioner would be at liberty to approach the Company Court for further relief.

VIBHU BAKHRU, J AUGUST 16, 2016 pkv