B Pradeep Kumar, v. M/S. Midwest India Industries Limited (In Liqn)

HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR COMPANY APPLICATION Nos.1230, 1231 and 1232 of 2013 COMMON ORDER:

These three applications are similar applications made by the same applicant for identical relief seeking condonation of delay in filing the claim in Form No.66, dated 29.08.2013, before the official liquidator. It is stated in the affidavit filed in support of these applications that petitioner's father was holding Fixed Deposit Receipts bearing Nos.46630, dated 11.03.1998; 43362, dated 23.10.1997; and 43364, dated 15.10.1997, respectively in each of these applications. It is stated in paragraph 3 of the affidavit that father of the petitioner died on 29.09.2005 and that his mother only was aware of the said deposits, but on account of the ill-health of his parents, they could not approach the official liquidator. Petitioner states that his father died on 29.09.2005 and his mother could approach the official liquidator only on 02.07.2003 and filed the claim petition. However, on account of the delay in making the said application, the official liquidator could not consider the said application. Hence, the applicant prays for condonation of delay.

The official liquidator on verification of the records of the company states that these fixed deposits are found on record of the official liquidator and that certain claims are being entertained by the official liquidator relating to other deposits.

In view of that, therefore, accepting the cause shown as sufficient cause, these applications are ordered. The delay in making the claim under Form 66 is condoned. Official liquidator to consider the claim on merits and pass appropriate order.

Accordingly, these company applications are allowed. There shall be no order as to costs.

______________________ VILAS V. AFZULPURKAR, J

December 19, 2013 LMV HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR

COMPANY APPLICATION Nos.1230, 1231 and 1232 of 2013 Dt:19.12.2013 LMV