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Bombay High CourtCA/196/2018absolute

Allahabad Bank v. Ross Murarka Finance Ltd. (In Liquidation)

2018-04-24Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 CA196.18-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.196 OF 2018 IN COMPANY PETITION NO.466 OF 1995 Allahabad Bank )....Applicant

IN THE MATTER BETWEEN :

Skypack Courier Ltd.

)....Petitioner V/s.

Ross Murarka Finance Ltd. (In Liqn.) )....Respondent ---- Mr.V.N.Ajikumar for the applicant.

[Mr.Noor Shergill, Assistant Official Liquidator present]. ---- CORAM : K.R.SHRIRAM,J DATE : 24.4.2018 P.C.:- Mr.Noor Shergill, Assistant Official Liquidator leaves it to the court. I have perused the application and the affidavit in support. Though the explanation for delay is not very convincing, here is a case in which the applicant is having a decree against the company in liquidation. Therefore, I am inclined to condone the delay subject to some terms.

Application allowed in terms of prayer clause-(a) which reads as under :- "(a) That delay of 986 days in lodging claim/submitting the Affidavit of Proof of Debts of Allahabad Bank (Exh.A hereto) with Official Liquidator, High Court, Bombay be condoned."

KJ

2/2 CA196.18-15 Applicant to pay sum of Rs.10,000/- as costs. This amount to be paid by way of cheque drawn in favour of Official Liquidator to be used for office expenses of the Official Liquidator. Official Liquidator to consider the affidavit of proof of debt of the applicant and dispose the same in accordance with law. Application accordingly disposed.

(K.R.SHRIRAM,J) KJ