PRAN NATH BAHI Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) THIS is an application filed by Pran Nath Bahl under Rule 177 read with Rule 9 of the Companies (Court) Rules, 1959. The averments made in the application are as follows.

(2.) THE applicant advanced a cash loan of Rs. 2000/ -, to M/s. Golcha Properties (P) Ltd. on 26 6 65 and in lieu thereof they executed Hundi No. DB/F. 118/64/H 5165. On the maturity of the said Hundi it was presented to M/s. Golcha Properties (P) Ltd. who executed apother Hundi in his favour payable on 23.12.1965. On 23.12.65, the applicant presented the said Hundi but the Company did not pay any sum The applicant claimed interest at the rate of 15 per cent per annum on the Hundi amount of Rs. 2000/ -, from 24.12.65 upto date, as he did not receive any notice purporting to be under Rule 148(2) of the Companies (Court) Ruler, 1969, which was mandatory for the con -applicant to have issued to the former. In the year 1972 when the applicant came to know of the fact that M/s Golcha Properties (P) Ltd. was ordered to be wound up on 10.5 68, and the non -applicant had invited claims from creditors by fixing 31.1.1970, as the last date, on that very day sent his claim to the Official Liquidator. The applicant was under the impression that his claim might have been allowed by the Official Liquidator. As the parents of the applicant remained seriously ill and he remained busy in attending to them throughout, since July, 1073 and as the applicant had to change his residences four times since 1965 and he could not lay his hands of letter No. GPP/8/1953 dated 26 9.1973. given by the Official Liquidator addressed to him and he found the said letter only on 17.3.1976. The applicant stated that be had not been negligent in any manner in filing his claim within time, but since he could not lay his hands on the Hundi and the relevant papers, he could not move this Court for consideration of delay caused in submitting his claim. Consequently, he prayed that the delay caused in filing the claim by him be condoned and his claim may be adjudicated either by this Court or the Official Liquidator be directed to do so.

(3.) THE only question that calls for determination In this case is whether the applicant was negligent in submitting his claim in time.