Suresh Ramchandra Patil v. The Official Liquidator Of M/S. Bagwe Udyog Ltd. (In Liqn.)

ppn 1 28.cal-627.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO.627 OF 2016 IN COMPANY PETITION NO.37 OF 2008 Suresh Ramchandra Patil ..

Applicant In the matter between Rohidas Shankar Gaikwad ..

Petitioner Vs.

The official liquidator of M/s.Bagwe Udyog Ltd.

..

Respondent --- Ms.Molina Thakur for the applicant.

Mr.Mohindhar Aithe, Company Prosecutor for the official liquidator present.

--- CORAM : R.D. DHANUKA, J.

DATE : 15th February 2017 P.C. :

.

By this application, the applicant seeks condonation of delay of 6 years and 51 days in filing the affidavit of claim of the applicant. 2.

I have heard the learned counsel for the applicant and also the learned company prosecutor for the official liquidator. I have also perused the affidavit-in-support of the company application. 3.

The process of adjudication of the claim is not fully complete. Some of the claims are still to be adjudicated upon by the official liquidator. The applicant has made out a case for condonation of delay in filing the affidavit of claim. The applicant is one of the ex-

ppn 2 28.cal-627.16.doc employee of the respondent-company. The explanation justifying the delay in affidavit-in-support of the company application is accepted 4.

I therefore pass the following order :- (i) Company application is made absolute in terms of prayer clauses (a) and (b).

(ii) The official liquidator is directed to adjudicate upon the claim of the applicant expeditiously.

(iii) There shall be no order as to costs.

R.D. DHANUKA, J.