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Bombay High CourtIA/2434/2025disposed off

Babaji Shivram Clearing And Carriers Pvt Ltd v. Export Import Bank Of India And ANR

2025-07-08Hon'Ble Justice Sharmila U. Deshmukh2 pages

17 Ia-2434-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2434 OF 2025 IN COMPANY PETITION NO. 756 OF 2014 M/s. Babaji Shivram Clearning and Carriers Pvt. Ltd.

...Applicant.

In the matter between :

Export Import Bank Limited.

...Petitioner.

Versus

GoI Offshore Ltd (thr. The Official Liquidator.

...Respondent.

------ Drishti Ojha i/b Pooja Pandey for the Applicant. Dr. Sneha Goyal for the Official Liquidator.

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

Date : July 8, 2025.

P. C. :

1.

Interim Application has been preferred under Rule 177 of the Companies (Court) Rules, 2013 seeking condonation of delay of 558 days caused in filing the affidavit of proof of debt before the Official Liquidator.

2.

Learned Counsel appearing for the Applicant submits that the affidavit of proof of debt was filed on 16th December 2019 whereas it had to be filed on or before 6th June 2018.

3.

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

Patil-SR 1 of

17 Ia-2434-2025.doc 4.

For the reasons stated in the Application, delay of 558 days in filing the affidavit of proof of debt is condoned. The Official Liquidator is directed to adjudicate the claim of Applicant on its own merits and in accordance with law.

5.

Interim Application is allowed in above terms. [Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 08/07/2025 19:55:42