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Bombay High CourtIA/677/2020

Rushrikh Investments Pvt. Ltd. v. Indage Vintners Ltd. Through The Official Liquidator

2020-01-012 pages

3-ia21-20.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.21 OF 2020 IN COMPANY PETITION NO.960 OF 2009 Rushrikh Investments Pvt. Ltd.

...Applicant

IN THE MATTER BETWEEN :

Sublime Agro Limited ...:Petitioner V/s.

Indage Vintners Limited, through the Official Liquidator

...Respondent

Mr.Rupesh Geete with Mr.Ashish Venugopal i/b Mr.Sagar Shetty for the Applicant.

Mr.Mahendhar Aithe, Company Prosecutor for the Official Liquidator. CORAM : R.D. DHANUKA, J.

DATE : 6TH FEBRUARY, 2020.

P.C. :- 1.

By this interim application, the applicant seeks condonation of delay in filing the Claim / Affidavit of Debt before the Official Liquidator. There is delay of more than four years in filing the Affidavit of Debt. Though the delay in not fully and sufficiently explained, in the interest of justice and on payment of costs of Rs.25,000/- which shall be paid by the applicant to the Official Liquidator within two weeks from today, the interim application is made absolute in terms of prayer clause (a).

2.

The Official Liquidator shall consider such Affidavit of Debt 1/2

3-ia21-20.doc on its own merit. If the payment of costs is not paid within the time prescribed, the order passed by this Court to stand vacated without further reference to the Court.

(R.D. DHANUKA, J.) 2/2