Kerala High Court
P.K Abdul Rahiman vs The Official Liquidator on 16 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
(Original Jurisdiction)
In the matter of the Companies Act, 1956
and
In the matter of M/s.Sudarsan Chits (India) Ltd. (in Liquidation)
Co.Appl. No.160/2023 in Co.Pet.9/1981
Before:
The Honourable Mr. Justice VIJU ABRAHAM
Monday, the 16th day of October, 2023/24th Aswina, 1945
Applicant
P.K.Abdul Rahiman, Aged 60 years,
S/o.Alikutty Haji, Palayullakandiyil (H),
Poomala P.O., Ammayipalam,
Sulthan Bathery, Wayanad Dist.- 673 592.
Respondent
The Official Liquidator, High Court of Kerala,
Company Law Bhavan, 3rd Floor,
BMC Road, Thrikkakkara P.O., Kochi, Ernakulam - 682 021,
representing M/s.Sudarsan Chits India Ltd (in Liquidation).
Company Application under Rule 177 & Rule 9 of the Companies (Court) Rules,
1959 filed by the applicant above named praying for an order to condone the delay of 4216
days in submitting the proof of debt/claim before the Official Liquidator and directing the
Official Liquidator to accept the same in the interest of Justice.
This Company Application coming on for orders on this day upon hearing
Sri.Mithun Baby John, Advocate for the applicant and Sri.K.Moni, Standing Counsel for the
Official Liquidator, the Court passed the following:-
Co. Appl. No. 160 of 2023
VIJU ABRAHAM , J.
===========================
Co. Appl. No. 160 of 2023
============================
Dated this the 16th day of October, 2023
ORDER
This is a petition seeking to condone the delay of 4216 days
and to direct the respondent to accept the claim petition and
document of claims submitted by the applicant/petitioner.
2. The specific case of the applicant is that the company
which is wound up is indebted to him in two chits bearing Group No.
FABV190-Ticket No. 38 for an amount of Rs. 32,010/- and Group No.
FABV190-Ticket No. 39 for an amount of Rs. 32,010/-. The said
company under liquidation is liable to pay the applicant a total
amount of Rs. 64,020/-. It is further averred that, the applicant had
preferred I.A. No.313/2004 in MFA 518/1981 against M/s Sudarsan
Chits for a direction to pay the chitty amount. This Court vide Order
dated 10.03.2004, directed M/s Sudarsan Chits Company to pay the
entire amounts due to the applicant within three months from the
date of the judgment. However, the said order of this Court was
never complied by the company and it has resulted in acute financial
difficulty to the applicant. Thereafter respondent herein invited
claims from the creditors of the company in 2012 by advertising in
newspapers. Pursuant to the same, claim application was sent to the
applicant and after filling the necessary details, along with all
Co. Appl. No. 160 of 2023
necessary documents, he had sent the same to the address
mentioned in the advertisement on 23.08.2012 via registered post.
However the said claim application was returned with an
endorsement, 'RETURN TO SENDER - LEFT'. It was only thereafter
that, the petitioner came to know that, the office of the respondent
was shifted to Company Law Bhavan, Kakkanad. Petitioner would
further submit that though he approached the respondent again by
sending the claim petition along with a representation, the
respondent refused to accept the claim due to the delay in filing the
claim petition. Petitioner submits that he has financial difficulties and
only due to the reasons stated above he could not make a claim
within time.
I have heard the learned Counsel appearing for the official
liquidator also. Considering the facts stated in the affidavit and after
hearing the Counsel on both sides, I am inclined to grant one more
chance to the petitioner. Therefore, the delay of 4216 days is
condoned with a consequential direction to the respondent to accept
the claim of the petitioner and documents of claim submitted by the
applicant and take a decision in the matter in accordance with law.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
