Spicer India Pvt. Ltd. v. Tulsi Castings And Machining Ltd. Liquidation Of Official Liquidator And Another

6-ia1-19.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1 OF 2019 IN COMPANY PETITION NO.890 OF 2015 Spicer India Pvt. Ltd.

...Applicant

IN THE MATTER BETWEEN :

M/s.Foseco India Limited

...Petitioner

V/s.

Tulsi Castings & Machining Ltd. (In Liqn.) Through Official Liquidator & Anr.

...Respondents

Mr.Padmanabhan Iyer i/b Mr.Prasad L. Gajghiye for the Applicant. Mr.Mahendhar Aithe, Company Prosecutor for the Official Liquidator. CORAM : R.D. DHANUKA, J.

DATE : 6TH FEBRUARY, 2020.

P.C. :- 1.

Learned Company Prosecutor states that there is delay of about six months in filing in filing Affidavit of Proof of Claim dated 28th November, 2018.

2.

Heard learned counsel appearing for the applicant and the learned Company Prosecutor and have perused the averments made in the affidavit in support of the company application. 3.

After hearing the learned counsel for the applicant, I am satisfied that the applicant has made out a case for condonation of 1/2

6-ia1-19.doc delay in filing Affidavit of Proof of Claim before the Official Liquidator. The delay is accordingly condoned. The interim application is made absolute in terms of prayer clauses (a) and (b). There shall be no order as to costs.

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