International Asset Reconstruction Company Private Limited, v. The Official Liquidator, High Court Madras

Comp.A.No.38 of 2021 in C.P.No.36 of 2006 Comp.A.No.38 of 2021 in C.P.No.36 of 2006 M.SUNDAR, J Captioned application has been filed with a prayer to condone a delay of 83 days (to be noted, 'condonation of delay' shall be referred to as COD for convenience) in filing claim Form No.66 with 'Official Liquidator attached to this Court' [hereinafter 'OL' for the sake of brevity and convenience].

2. Mr.V.V.Sivakumar, learned counsel for applicant and Ms.K.Latha Parimala Vadana learned OL are before me.

3. The reasons for delay and as to how applicant became aware of proceedings has been set out in Paragraph No.10 of the affidavit filed in support of captioned application. Suffice to say that applicant has averred that he gained knowledge vide 05.02.2021 communication from OL wherein it was mentioned that the last date for filing claim affidavit is 18.11.2020 and there was no personal communication prior to that. https://www.mhc.tn.gov.in/judis/ 1/2

Comp.A.No.38 of 2021 in C.P.No.36 of 2006 M.SUNDAR, J mk

4. Be that as it may, most importantly OL very fairly submits that she has no objection or opposition to COD application on hand and that COD prayer can be acceded to.

5. Though obvious it is made clear that the claim if received by OL in Form No.66 shall be processed on its own merits, in accordance with law without being impacted by this order except COD. It has become necessary to set out this owing to the language in which the prayer is couched.

6. Application allowed with above observation. There shall be no order as to costs.

26.02.2021 mk Comp.A.No.38 of 2021 in C.P.No.36 of 2006 https://www.mhc.tn.gov.in/judis/ 2/2