THE TRAVANCORE COCHIN CHEMICALS LTD v. THE CHAIRMAN AND MANAGING DIRECTOR
Co.Appl./103/2025 · 2025-03-24
Harisankar V Menon
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4639 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4639 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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.Travancore Rayons Limited
Co.Appl. No.103/2025 in Co.Pet.14/2002
Before: The Honourable Mr.Justice HARISANKAR V.MENON Monday, the 24th day of March, 2025/3rd Chaithra, 1947
Applicant:-
The Travancore Cochin Chemicals Ltd.,
Udyogamandal, Eloor, Kochi, Ernakulam,
Pincode – 683 501, Represented by its
Managing Director, Mr.Rajeev R.
Respondents:-
1. The Chairman and MD,
M/s.Travancore Rayons Ltd.,
Rayonpuram, Perumbavoor,
Kerala, Pincode – 683 543.
2. Official Liquidator,
Having Office of High Court of Kerala,
Ernakulam, Pin – 682 031.
Company Application under Rule 6 & 9 of the Companies (Court) Rules, 1959 filed by the Applicant above named seeking order/s condoning
the delay of 2199 days in filing the claim petition before the 2nd respondent and a direction to the 2nd respondent to accept the claim application to be submitted within a specific time frame and to hear the applicant and dispose of the claim application within a short period as fixed by this Hon'ble Court, in the interest of justice.
This Company Application coming on for orders on this day upon hearing Sri.Lal K.Joseph, Advocate for the applicant and Sri.K.Moni, Standing Counsel for the Official Liquidator, the Court passed the following:-
HARISANKAR V. MENON, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Company Application No.103 of 2025 in Company Petition No.14 of 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March, 2025
ORDER
This is an application filed seeking condonation of delay in lodging the claim before the Official Liquidator.
2. Though the delay involved is to the extent of 2199 days, Sri.Lal K. Joseph, learned counsel for the applicant would point out that the amount involved is to the extent of around Rs.59 lakhs and in such circumstances, the delay requires to be condoned.
3. I have heard Sri.K. Moni, the learned Standing Counsel for the Official Liquidator also.
4. Having considered the averments contained in the affidavit accompanying the application as also taking into
consideration the amount involved, I am of the opinion that the delay is to be condoned. Hence, the delay of 2199 days in filing the claim before the Official Liquidator is condoned. Sd/- HARISANKAR V. MENON, JUDGE Skk/28.03.2025