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CAROLINE CHAKRAVARTHY KANDRAGULA v. OFFICE OF THE OFFICIAL LIQUIDATOR OF
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NC: 2023:KHC:40183
CA No. 258 of 2023 IN COP No.214 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
COMPANY APPLICATION NO. 258 OF 2023
IN
COMPANY PETITION NO.214 OF 2012
BETWEEN:
1. CAROLINE CHAKRAVARTHY KANDRAGULA
WIFE OF SANDEEP CHKRAVARTHY KANDRAGULA
AGED ABOUT 44 YEARS
R/O PLOT NO.50, GANESH NAGAR
WEST MARREDPALLY
SECUNDEABAD 500026
TELANGANA
…APPLICANT
(BY SRI PRITHVI RAJ B N, ADVOCATE)
AND:
1. OFFICE OF THE OFFICIAL LIQUIDATOR OF
M/S KINGFISHER AIRLINES LIMITED
(IN LIQUIDATION)
ATTACHED TO HIGH COURT OF KARNATAKA
CORPORATE BHAVAN
NOS 26-27, 12TH FLOOR
RAHEJA TOWERS
M G ROAD, BENGALURU 560001
…RESPONDENT
(BY SRI JAGADEESHGOUD PATIL, ADVOCATE FOR OL)
THIS COMPANY APPLICATION IS FILED UNDER SECTION 177
OF THE COMPANIES (COURT) RULES, 1959 R/W SECTION 5 OF THE
LIMITATION ACT PRAYING TO CONDONE THE DELAY 935 DAYS IN
PREFERRING HER CLAIM OF HER DUES FROM THE RESPONDENT IN
THE INTERESTS OF JUSTICE AND EQUITY.
THIS APPLICATION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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ORDER
The present application is filed seeking condonation of delay of 935 days in preferring of her claim of the dues from the respondent.
2. It is forthcoming that the applicant had preferred a claim of `10,30,320./- being a statutory and legal dues from the Respondent. The Applicant has preferred the claim on 06.09.2019 and hence, there was a delay. In view of the fact that the applicant who is a resident of Telangana had learnt of the requirement of filing of the claim belatedly and publication made was circulated in the State of Karnataka the applicant has demonstrated sufficient cause. It is further placed on record that due to Covid-19 pandemic, the applicant was unable to pursue the matter.
3. From a perusal of the reasons set out in the application, it is forthcoming the same are genuine and bonafide.
4. Learned counsel for Respondent has not seriously objected to the said application.
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4. In view of the same, the relief sought for in the application is liable to be granted. C.A. No. 258/2023 is allowed. Delay of 935 days in preferring the claim by the applicant is condoned.
SD/-
JUDGE
BS
List No.: 1 Sl No.: 39
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