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Bombay High CourtCA/45/2017disposed off

Ambadas R Shirasath And 36 Others v. Official Liquidator Of M/S Patheja Forgaing And Auto Parts Manufacturers Ltd.

2017-01-13Hon'Ble Shri Justice R.D. Dhanuka2 pages

36-cal364-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (LODGING) NO.364 OF 2016 IN COMPANY PETITION NO.108 OF 2008 Ambadas R. Shirasath & Ors.

...Applicants

IN THE MATTER BETWEEN :

B.I.F.R.

...Petitioner

V/s.

Official Liquidator of M/s.Patheja Forgings & Auto Parts Mfg. Ltd. (In Liqn.)

...Respondent

Mr.Satish Raut for the Applicants.

Ms.Yogini D. Chauhan, Deputy Official Liquidator present. CORAM : R.D. DHANUKA, J.

DATE : 13TH JANUARY, 2017.

P.C. :- 1.

By this company application, the applicants seeks condonation of delay of three years and three months in filing the affidavit of claim. I have heard the learned counsel for the applicant and also heard the learned Deputy Official Liquidator. I have also perused the averments made in the company application. The applicants are the workers and have explained the delay sufficiently in paragraphs 3 to 5 of the affidavit in support of the company 1/2

36-cal364-16 application. I am satisfied that the delay is satisfactorily explained. 2.

For the reasons recorded in the affidavit in support of the company application, the company application is made absolute in terms of prayer clauses (a) and (b). No order as to costs. (R.D. DHANUKA, J.) 2/2