← Library
Madras High CourtCOMP.A/73/2021allowed

Mr.L.R.Prakash v. The Official Liquidator, High Court Madras

2021-03-26Honourable Mr Justice M. Sundar2 pages

Comp.A.No.73 of 2021 in C.P.No.151 of 2013 M.SUNDAR, J 'VTX Industries Ltd' [hereinafter 'said Company' for the sake of brevity and convenience] is the company which is under liquidation in aforementioned Company Petition i.e., 'C.P.No.151 of 2013' [hereinafter 'main CP' for the sake of brevity and convenience].

2. Captioned application has been taken out by an Ex-employee of said company with a prayer for condonation of delay (to be noted, 'condonation of delay' shall be referred to as 'COD' for convenience) qua filing claim in Form 66.

3. Mr.S.Girish learned counsel representing Mr.R.Venkatesh counsel on record for applicant, adverting to paragraph No.3 of the affidavit filed in support of captioned application submits that the applicant had shifted from Erode to Coimbatore and he having given the Erode address lost track of the matter. It is also submitted that the applicant gained knowledge about the proceedings only in February 2020 through Paper Publication and they filed the claim in Form 66 only on 18.02.2020.

https://www.mhc.tn.gov.in/judis/ 1/2

M.SUNDAR, J mk

4. COD is qua 570 days. Be that as it may, Ms.K.Latha Parimala Vadana, learned Official Liquidator attached to this Court [hereinafter 'OL' for the sake of brevity and convenience] who is before this Court, very fairly submits that she is not opposing COD prayer.

5. This Court having heard Mr.S.Girish, learned counsel for applicant, having perused the affidavit filed in support of captioned application, having been satisfied that the reasons given are tenable and more importantly, having noticed that the learned OL is not opposing the COD prayer, deems it appropriate to accede to the COD prayer.

6. Application allowed. There shall be no order as to costs. 26.03.2021 mk Comp.A.No.73 of 2021 in C.P.No.151 of 2013 https://www.mhc.tn.gov.in/judis/ 2/2