M/S.The Bank Of Baroda v. Pallavapuram Municipal Corporation And 2 Others

C.SARAVANAN, J.

This Application has been filed to condone the delay of 2623 days in filing the application to set aside the ex-parte order under Section 41 of the Presidency Town and Insolvency Act, 1909 annulling the order of adjudication.

2. It is the specific case of the applicant is that the applicant has no other claims and that by oversight the applicant did not filed application under Section 38 for discharging himself from the insolvency proceeding. Paragraph No.13 of the report dated 12.03.2024 stated as follows:- "13.In the above circumstances, a total sum of RS.10,820/- is available in this estate, out of which a sum of Rs.5,750/- may be reserved for paying the admitted claim amount to the claimant G.Viswanathan and the sum of Rs.5,070/- may be reserved for future expenses."

3. Considering the above, I see no impediment in allowing

this Application.

4. Accordingly, this Application stands allowed. Registry is directed to number the connected Applications filed for discharging and list this case on 22.03.2024.

15.03.2024 jas C.SARAVANAN, J.

jas 15.03.2024