Modi Rubber Limited v. The Official Liquidator Liquidator Of Modistone Limited (In Liquidation)

kvm 1/2 41-IA1 in CP166.02

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1 OF 2019 IN COMPANY PETITION NO. 166 OF 2002 Modi Rubber Limited ..... Applicant

IN THE MATTER BETWEEN

Board of Industrial & Financial Reconstruction ..... Petitioner

VERSUS

The Official Liquidator of M/s.Modistone Limited (in Liqn.) ..... Respondent Mr.Mustafa Doctor, Senior Advocate, a/w. Mr.Ashish Kamath, Mr.Ashutosh Khaitan, Mr.Kanishk V. Shah, i/b. M/s.Khaitan & Khaitan for the Applicant.

Mr.Mahendhar Aithe, Company Prosecutor for the Official Liquidator present.

CORAM :

R.D. DHANUKA, J.

DATE :

28th NOVEMBER, 2019 P.C.

By this interim application, the applicant seeks condonation of delay of 5,272 days in filing of the proof of debt by the applicant. 2.

The delay is sought to be explained in paragraphs 5.2 to 5.10 of the affidavit in support. Delay is not sufficiently explained. In view of the fact the delay is substantial, company application is made absolute in terms of prayer clauses (a) and (b) on the condition that the applicant pays cost of Rs. 1 lac within two weeks from today to the Office of the

kvm 2/2 41-IA1 in CP166.02 Official Liquidator.

3.

Insofar as merits of the affidavit of proof of debt is concerned, the same would be considered by the Official Liquidator on its own merits.

[R.D.DHANUKA, J.]