Dr.John S.Kurien v. The Official Liquidator,

in C.P.No.73 of 2000 M.SUNDAR, J., Captioned application has been taken out with a condonation of delay [COD] prayer qua the claim to be made by the applicant in Form No.66 as regards 'Magnum India Ltd.,' [hereinafter 'said company' for the sake of convenience and clarity] which has gone into liquidation in main Company Petition at the instance of a petitioning creditor.

2. Ms.R.Meenakshi, learned counsel for applicant who is before this Court submits that the applicant is a Medical Doctor, he is immobilized owing to ailments and therefore, he could not diligently file his claims in time. There is no disputation that he had made a claim albeit not within the time frame. Therefore, learned Deputy OL returned the claim.

3. Another aspect of the matter is, the applicant came to this Court with same COD prayer by way of an earlier application being Company Application No.88 of 2022 in C.P.No.73 of 2008 and the same came to be withdrawn on 25.03.2022 wherein the rights of the applicant were preserved to come to this Court with the same/similar prayer with Page No.1/4

suitable supporting documents. This 25.03.2022 order made in Company Application No.88 of 2022 in C.P.No.73 of 2008 reads as follows: 'After some arguments, learned counsel on record for applicant sought permission of this Company Court to withdraw the captioned application and made a request to preserve the rights of applicant to come up with the same/similar condonation of delay [COD] prayer. This course was adopted as it came to light that the reasons for delay have not been adequately articulated in support affidavit. Request acceded to.

2. Learned counsel on record for the applicant has made an endorsement in the case file which is as follows:

3. Captioned application disposed of as withdrawn Page No.2/4

preserving the rights of applicant in the aforesaid manner. There shall be no order as to costs.'

4. Adverting to the aforementioned order, learned counsel submits that the Medical Certificate and Medical records have now been annexed to typed set of papers. It is seen that the applicant is inter alia on Permanent Ambulatory Peritoneal Dialysis. This Court has chosen to say 'inter alia' as applicant has multiple ailments.

5. Learned Deputy OL very fairly submits that considering the facts and circumstances of the case on hand, there is no serious objection or resistance to COD prayer but a time frame at the discretion of this Court may please be fixed for re-filing aforementioned Form No.66.

6. In the light of the narrative thus far, captioned application is ordered i.e., delay is condoned subject to condition that the applicant shall re-file Form No.66 with all original supporting documents with OL within three weeks from today i.e, 15.07.2022. If such refiling is not made, this order will work itself out and will stand effaced without further reference to this Court.

Page No.3/4

M.SUNDAR, J., mk

7. Captioned application ordered on above terms. There shall be no order as to costs.

24.06.2022 mk in C.P.No.73 of 2000 Page No.4/4