Mahesh V Dave v. The Official Liquidator Of M/S. Kma Ltd. In Liquidation

Nitin 1 / 2 958-CA-194-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 194 OF 2014 IN COMPANY PETITION NO. 778 OF 2005 Mahesh V. Dave ...

Applicant

IN THE MATTER BETWEEN :

BIFR ...

Petitioner

Versus

The OL of Kamani Metal and Alloys Limited ...

Respondent None for the Applicant.

Ms. Pratibha, Assistant OL, present.

CORAM : S.J. KATHAWALLA, J.

DATED : 21 ST APRIL, 2015 P.C.

1.

Perused the Application and the Affidavit in support thereto. For the reasons set out in the Affidavit in support of the Application, the Application is allowed in terms of prayer clauses (a) and (b), which are reproduced hereunder :

"(a) that this Hon'ble Court be pleased to condone the delay in submitting the Applicant's claim with the office of the Official Liquidator from 15th September, 2008 till 13th December, 2012 (i.e. 1548 days).

(b) that this Hon'ble Court be pleased to direct the Official

Nitin 2 / 2 958-CA-194-2014 Liquidator to accept the claim of the Applicant and to process the same in accordance with law".

2.

The Official Liquidator shall adjudicate the claim of the Applicant within a period of six months from the date of receipt of the claim from the Applicant.

3.

The Company Application is accordingly disposed of. (S.J. KATHAWALLA, J.)