Havovi Farokh Patel v. Puspasen C. Jhaveri

21-IA-2374-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 2374 OF 2025 IN COMPANY PETITION NO. 488 OF 2015 Havovi Farokh Patel & Ors.

... Applicants.

IN THE MATTER BETWEEN

Digitally signed by TALLE SHUBHAM ASHOKRAO Date:

2025.07.28 18:49:33 +0530 TALLE SHUBHAM ASHOKRAO Pushpaben C. Jhaveri ... Petitioner

Versus

The Official Liquidator in his capacity as Liquidator of Elder Pharmaceuticals Ltd.

... Respondent/ Defendant ------ Adv. Dipti B. i/by JARIWALA ASSOCIATES for the Petitioner. Ms. Akansha Agarwal adv For the Official Liquidator. Mr. Satyajit Roul Official Liquidator present. Mr. Chetan Shelke Deputy Official Liquidator present. ------ Coram : Sharmila U. Deshmukh, J.

Date : July 24, 2025.

P. C. :

1.

Interim Application has been preferred seeking condonation of delay of 1165 days in filing the affidavit of proof of debt by the Petitioner who are the Creditors of the Company (In Liquidation) and for direction to the Official Liquidator to pay the amount along with interest.

2.

Learned Counsel for the Applicant submits that the Applicants were unaware that the affidavit of proof of debt have to be Shubham 1 of

21-IA-2374-2025.doc filed within a particular period and resultantly there is delay. 3.

Learned Counsel for the Official Liquidator does not fairly oppose the Application.

4.

For the reasons stated in the Application, the delay of 1165 days in filing affidavit of proof of debt is condoned. As far as prayer clause (b) is concerned in respect of payment of the amount to the Applicant the Official Liquidator to adjudicate the claim in accordance with law.

5.

Interim Application is allowed in the above terms. [Sharmila U. Deshmukh, J.] Shubham 2 of