Avinash Baburao Walinjkar v. Official Liquidator Of M/S Yescube Infrastructure Ltd.
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.529 OF 2015 IN COMPANY PETITION NO.123 OF 2010 Avinash B. Walinjkar ...Applicant V/s.
Official Liquidator of Vescube Infrastructure Ltd.
...Respondent
WITH COMPANY APPLICATION NO.459 OF 2015 IN COMPANY PETITION NO.123 OF 2010 Gangadhar Shetty ...Applicant V/s.
Official Liquidator of Vescube Infrastructure Ltd.
...Respondent
WITH COMPANY APPLICATION NO.494 OF 2015 IN COMPANY PETITION NO.123 OF 2010 Theodore D'souza ...Applicant V/s.
Official Liquidator of Vescube Infrastructure Ltd.
...Respondent
WITH COMPANY APPLICATION NO.534 OF 2015 IN COMPANY PETITION NO.123 OF 2010 Ms.Criselle D'souza ...Applicant V/s.
Official Liquidator of Vescube Infrastructure Ltd.
...Respondent
1/3
WITH COMPANY APPLICATION NO.736 OF 2015 IN COMPANY PETITION NO.123 OF 2010 Veronica S. D'souza ...Applicant V/s.
Official Liquidator of Vescube Infrastructure Ltd.
...Respondent
WITH COMPANY APPLICATION NO.737 OF 2015 IN COMPANY PETITION NO.123 OF 2010 Sebastian M. D'souza ...Applicant V/s.
Official Liquidator of Vescube Infrastructure Ltd.
...Respondent
Ms.Dolly Kotwani with Mr.Vinayak R. Kumbhar for the Applicant. Mr.Mahendhar Aithe - Company Prosecutor for the Official Liquidator.
CORAM : R.D. DHANUKA, J.
DATE : 4TH JANUARY, 2017.
P.C. :- 1.
By these six company applications, the applicants have applied for condonation of delay under Rule 177 Company (Court) Rules, 1959 in filing affidavit of claim before the Official Liquidator. 2.
I have heard the learned counsel for the applicants and also perused the averments made in the company applications. I have also heard the learned Company Prosecutor. The learned Company Prosecutor has no objection if the delay in filing the affidavit 2/3
of claim as prayed is condoned. The statement is accepted. 3.
In my view, the applicants have made out the case for condonation of delay in filing affidavit of claim under Rule 177 Company (Court) Rules, 1959 for the reasons recorded in the company applications.
4.
I therefore, pass the following order :- a).
The aforesaid applications are allowed in terms of prayer clauses (a) and (b).
b).
No order as to costs.
(R.D. DHANUKA, J.) 3/3