Mahesh Shantaram Birwadkar Through L. H. v. Mr. Kishor Shankar Patil And ANR

2025:BHC-OS:11754 24 ia 2242-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIGINAL ORDINARY APPELLATE JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 2242 OF 2025 IN COMPANY PETITION NO.123 OF 2010 Mahesh Shantaram Birwadkar Through L. H.

... Applicant.

In the matter between:

Mr.Kishor S. Patil ... Petitioner.

Versus

The Official Liquidator of M/s. Yes Cube Infrastructure Ltd.

... Respondent.

----- Mr. Amol L. Dhumal for the Applicant.

Mr. Harsh Moorjani, for Official Liquidator.

----- Coram : Sharmila U. Deshmukh, J.

Date : July 23, 2025 P.C. :

1.

Interim Application has been preferred seeking condonation of delay of 8 years 10 months and 28 days in filing the affidavit of proof of debt.

2.

Mr.Moorjani, learned counsel appearing for the Official Liquidator submits that the claim of the Applicant is that his predecessor had advanced loan to the company under liquidation and the affidavit of proof of debt which is annexed at page 7 is without any particulars.

sa_mandawgad 1 of

24 ia 2242-25 3.

The Application is for condonation of delay under Rule 177 of the Company (Courts) Rules, 1959. As far as the merits of the affidavit of proof of debt, it is open for the Official Liquidator to adjudicate the same in accordance with law.

4.

For the reasons stated in the Application, the delay of 8 years, 10 months and 28 days is condoned. The Official Liquidator to adjudicate the claim of the Applicant on its own merits and in accordance with law.

5.

Interim Application is allowed in the above terms. [Sharmila U. Deshmukh, J.] sa_mandawgad 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 24/07/2025 15:54:18