Madras High CourtCOMP.A/110/2020ordered

Ustav Daga, S/O. Narendra Kumar Daga, v. The Official Liquidator, High Court, Madras, As Liquidator Of M/S. Anubhav Plantations Limited

2020-03-13Honourable Mr Justice M. Sundar3 pages

in CP.No.130 of 1999 M.SUNDAR, J.

Mr.K.Thiruvengadam, learned counsel on record for applicant is before this Court. Learned Deputy Official Liquidator is before this Court on behalf of respondent i.e., the Official Liquidator attached to this Court.

2. Instant application has been filed with a prayer for condonation of 1689 days delay in filing Form 66.

3. The reasons for delay have been articulated in paragraph 2, which reads as follows:

'2. I submit that I invested Rs.34,500/- (Rupees Thirty Four Thousand and Five Hundred only) with M/s.Anbhav Plantations Limited, one of the concern promoted by he Anubhav Group of Companies in liquidation. When I requested the company to pay the matured amount, they requested me to wait for sometime, to arrange the required amount. Thereafter, recently, I came to know that this Hon'ble Court has appointed the respondent as liquidator of the company in the winding up proceedings and the official liquidator has already been advertised calling for claim 1/3

application. Hence, the period to submit claim petition is already expired. I submitted the form 66 along with receipt the respondent herein has returned the same and instructed me to file this application for necessary orders.'

4. Be that as it may, learned Deputy Official Liquidator very fairly submits that there is no serious opposition for allowing this application subject to the rider that Form No.66 filed by the applicant will be considered on its own merits.

5. In the light of aforementioned trajectory in hearing today, having heard learned counsel for applicant, learned Deputy Official Liquidator and having been satisfied that the prayer in the instant application deserves to be acceded to, there being no opposition to the same owing to facts and circumstances of instant case, instant application is ordered as prayed for. 13.03.2020 kmi 2/3

M.SUNDAR, J.

kmi in CP.No.130 of 1999 13.03.2020 3/3