Rosalia Dsouza v. M/S Alpic Finance Ltd.

1 /2CA-164-17-8 Nalawade

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.164 OF 2017 IN COMPANY PETITION NO. 853 OF 2000 Rosalia D'Souza.

...Applicant.

Bank of India.

...Petitioner.

vs.

M/s. Alpic Finance Ltd.

...Respondent.

Mr.J.S.Hegde for the Applicant.

Ms. Yogini Chauhan, Dy. Official Liquidator present. CORAM :A.S.GADKARI, J.

DATE : 9th June, 2017 P.C.

1.

This is an application for condonation of delay of about 2- years in filing the claim by the applicant with the Official Liquidator, High Court, Mumbai with respect to the company namely M/s. Alpic Finance Ltd. which has directed to be wound up by the order of this Court. It is stated in the application that the delay caused in filing the said claim was neither deliberate nor the applicant was negligent in lodging the said claim. It is stated that the applicant was not aware of the fact that the said company has been directed to be wound up by the order of this Court and as soon as he came to know about the said fact he has filed the said claim however, there is no delay in lodging it.

2 /2CA-164-17-8 2.

For the reasons stated in the affidavit in support of the application the delay in lodging the said claim is condoned subject to the condition that the applicant shall pay a cost of Rs.1000/- to the High Court Legal Aid Committee within a period of three weeks from today. The deposit of costs shall be the condition precedent while entertaining the claim of the applicant.

3.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)