[2025:RJ-JP:8959] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Company Application No. 7/2020 In S.B. Company Petition No. 16/2014 Khurana Textile Mills Pvt. Ltd, Registered Office at 6A/81, Barodawala Mansion, First Floor Dr. A.B Road, Worli Mumbai- 400018 and Branch Office at Roop Industries Compound, Andheri Kurla Road Sakinaka, Mumni 72, Through Authorized Person Mr Rajinder Singh Khurana ----Applicant/Petitioner Versus Rathi Syntex Ltd, Registered Office at Rathi House, Bhawani Mandi Jhalawar, Rajasthan-326502 ----Respondent For Applicant(s) : Mr. Shivangshu Naval Ms. Akansha Naval For Respondent(s) : Mr. Gaurav Sharma- Official Liquidator JUSTICE ANOOP KUMAR DHAND Order 28/02/2025 1. Matter comes upon company application seeking condonation of delay in filing the claim before the Official Liquidator. 2. Counsel for the applicant submits that the company in question was ordered to be wound-up by this Court on 09.12.2017 and thereafter, the Official Liquidator was appointed, who published a notice for filing claims in the Newspaper on 11.06.2019 and the last date of submission of the claims were 11.07.2019. Counsel submits that on account of the auction proceedings slight delay has occurred in filing the claim before the Official Liquidator but the Official Liquidator has refused to accept [2025:RJ-JP:8959] (2 of 3) [COAP-7/2020] the claim submitted by the applicant on the ground of delay. Counsel submits that the reasons of delay have been explained in the claim itself, therefore the delay in filing the claim before the Official Liquidator be condoned and the Official Liquidator be directed to decide the claim of the applicant on its merits. 3. Per contra, learned counsel for the Official Liquidator opposes the arguments raised by learned counsel for the applicant and submits that a notice inviting claims were published in the Newspaper on 11.06.2019 and the last date of submission of the claims was 11.07.2019 but the applicant has submitted the claim after a delay of 203 days on 31.01.2020 and no reasonable explanation with regard to the delay has been furnished by him. Hence under these circumstances, the applicant is not entitled to submit the time barred claim and the application is liable to be rejected. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. Perusal of the record indicates that the company in question was wound-up by this Court vide order dated 09.12.2017 and thereafter, the Official Liquidator has been appointed, who published a notice in the Newspaper inviting claims and the last date of submission of the claims was fixed on 11.07.2019. This fact is not in dispute that the applicant has not submitted the claim well within time, fixed by the Official Liquidator and the same was submitted on 31.01.2020. The reasons of delay have been explained by the applicant in his claim and the same are found to be justified and accordingly, the delay in filing the claim before the Official Liquidator stands condoned. [2025:RJ-JP:8959] (3 of 3) [COAP-7/2020] 6. The Official Liquidator is directed to decide the claim filed by the applicant- Bank of Baroda, on its merits, after affording due opportunity of hearing to all the respective parties. 7. The present company application accordingly stands disposed of. (ANOOP KUMAR DHAND),J Ashu/330