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2025 DAILYLAW 78048 (KAR)

M/S SWASTIK ENGINEERS v. THE OFFICIAL LIQUIDATOR OF M/S KINGFISHER AIRLINES LIMITED, (IN LIQUIDATION)

CA/242/2025 · 2025-10-30

Jyoti M

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:43535 CA NO. 242 OF 2025 IN COP NO. 178 OF 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M COMPANY APPLICATION NO. 242 OF 2025 IN COMPANY PETITION NO. 178 OF 2014 BETWEEN: M/S. SWASTIK ENGINEERS, A SOLE PROPRIETORSHIP CONCERN HAVING ITS OFFICE AT SU AVISHEK ABASAN FLAT NO.8A, 2ND FLOOR, HJ 20, S L SARANI, BAGUIATI, JORAMANDIR, KOLKATA-700159 REPRESENTED BY ITS SOLE PROPRIETOR, SMT. PAPUN BHATTACHARYA. …APPLICANT (BY SRI. SAMMITH S., ADVOCATE) AND: THE OFFICIAL LIQUIDATOR OF M/S.KINGFISHER AIRLINES LIMITED, (IN LIQUIDATION), HON'BLE HIGH COURT OF KARNATAKA, CORPORATE BHAWAN, NO. 26 AND 27, 12TH FLOOR, RAHEJA TOWER, M.G.ROAD, BENGALURU-560001. …RESPONDENT (BY SRI. JAGADEESHGOUD PATIL, ADVOCATE FOR OL) THIS COMPANY APPLICATION IS FILED UNDER RULE 177 OF THE COMPANIES (COURT) ACT, 1959 READ WITH SECTION Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43535 CA NO. 242 OF 2025 IN COP NO. 178 OF 2014 5 OF THE LIMITATION ACT, 1963 FOR CONDONATION OF DELAY. THIS COMPANY APPLICATION IS LISTED FOR ORDERS, THIS DAY AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Sammith.S., counsel for the applicant and Sri.Jagadeeshgoud Patil., counsel for the official liquidator have appeared in person. 2. Counsel for the applicant submits that the captioned application is filed to condone the delay of 2210 days in preferring the application for filing proof of claim before the Official Liquidator. Counsel submits that Smt.Papun Bhattacharya - Proprietress of the applicant has sworn to an affidavit in the form of an affidavit narrating the reasons to condone the delay and the same may be taken note of and the application may be allowed. Counsel for the Official Liquidator submits that an appropriate order may be passed. The oral submission made by counsel for the respective parties is placed on record. - 3 - HC-KAR NC: 2025:KHC:43535 CA NO. 242 OF 2025 IN COP NO. 178 OF 2014 3. Perused the application papers and also the affidavit. Smt.Papun Bhattacharya., has sworn to declaration of facts in the form of an affidavit narrating the reasons to condone the delay. Being satisfied with the cause shown in the affidavit, delay in filing the proof of claim before the Official Liquidator is condoned, subject to Rule 178 of the Companies (Court) Rules, 1959. 4. Accordingly, C.A.No.242/2025 is allowed. 5. Counsel Sri.Sammith.S., submits that applicant will file proof of claim within two weeks from the receipt of certified copy of this order. Submission is noted. Upon receipt of the proof of claim by the applicant, the Official Liquidator is directed to adjudicate the claim as expeditiously as possible. SD/- (JYOTI M) JUDGE KMV,TKN List No.: 1 Sl No.: 27