M/S. Ultracon Structural Systems Pvt Ltd, v. The Official Liquidator, High Court Madras Liquidator Of Emas Engineers And Contractors Pvt Ltd

in CP.No.280 of 2014 M.SUNDAR, J.

Mr.P.Neelakandan, learned counsel representing the counsel on record Mr.Menon for applicant is before this Court. Mr.Y.Vijayasimha Reddy, learned Assistant Official Liquidator is before this Court on behalf of respondent i.e., Official Liquidator attached to this Court.

2. Instant application has been filed with a prayer for condonation of 412 days delay in filing Form 66 (claim).

3. The reason for delay has been articulated in paragraph 5 of the affidavit filed in support of instant application, which reads as follows: '5. I submit that the applicant was not aware of the fact that claims had been invited by the Respondent and it appears that by oversight the applicant has not noticed the advertisements that may have been made by the Respondent calling for claims, at the relevant point in time. I submit that a delay of 412 days has been occasioned in filing the claim. I am advised that the Respondent would not register and/or process the Applicant's claim till this Hon'ble Court condones the delay in filing the claim and a certified copy of the order condoning the delay is filed with the Respondent.' 1/3

4. Be that as it may, learned Assistant Official Liquidator very fairly submits that there is no serious opposition to 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 Assistant Official Liquidator and having been satisfied that the prayer in instant application deserves to be acceded to, having noticed that there is no opposition to instant application and owing to facts and circumstances of case on hand, instant application is ordered as prayed for.

20.03.2020 vsm 2/3

M.SUNDAR, J.

vsm in CP.No.280 of 2014 20.03.2020 3/3