Research › Search › Judgment

Rajasthan High Court · body

2005 DIGILAW 464 (RAJ)

S. K. Khandelwal v. Official Liquidator

2005-02-11

S.K.KESHOTE

body2005
JUDGMENT 1. - Heard learned Counsel for the parties on the admission of the matter. 2. Admit. Since Shri Manoj Pareek, the standing counsel for the Official Liquidator, on the direction of the court, put appearance on behalf of the non-applicant. The counsel for the applicant furnished one set of the paper book to the Standing Counsel, Shri Manoj Pareek. 3. Looking to the facts of the case and with the consent of the learned Counsel for the parties the application is taken up for final hearing. 4. M/s. Mansinghka Oil Products Limited was ordered to be wound up by this Court under its order dated 6-7-2001 passed in S.B. Company Petition No. 3/2001. The Company (in liquidation) is indebted to applicant S.K. Khandelwal for a sum of Rs. 11,59,430 on account of his salary, leave travel allowance, medical allowance, retrenchment compensation (equivalent gratuity) and notice pay (three months salary). The Official Liquidator invited the claims against the company (in liquidation) from all the creditors by giving advertisement in the newspapers and last date fixed for submission thereof was 25-10-2004. The applicant submitted that he was residing with his son Mr. Amit Khandelwal at 183/C, Napier Town, Jabalpur (M.P.) and he could not come across to the notice thereunder the claims were invited by the Official Liquidator; one of his colleague informed him about the said advertisement. The applicant immediately on coming to know about this fact submitted his claim before the Official Liquidator on 16th of November, 2004, there is a delay of about less than one month. 5. Having gone through the contents of the application I am satisfied that the delay made in filing of the claim by the applicant has satisfactorily been explained. 6. The application accordingly succeeds and the same is allowed. The delay of 22 days made in filing of the claim by the applicant before the Official Liquidator is condoned. The Official Liquidator is directed to register the claim of the applicant and make adjudication thereof in accordance with the law. *******