2005 (2) TMI 536 - HC - Companies Law

Court orders condonation of delay in filing employee benefits claim, directs Official Liquidator to adjudicate promptly.

The court ordered the condonation of the delay in filing the claim before the Official Liquidator, emphasizing the importance of employees' benefits in ... Debts and claims against company Issues: Condonation of Delay in Filing Claim before Official LiquidatorAnalysis:The judgment deals with an application concerning the condonation of delay in filing a claim before the Official Liquidator by an applicant who has a claim/debt of Rs. 1,36,762 on a company in liquidation. The applicant claimed to be a preferential creditor under the provisions of the Employees Provident Funds & Miscellaneous Provisions Act, 1952, and the Companies Act, 1956.The Official Liquidator had invited claims, with the last date for submission being 17-4-1995. However, the applicant claimed they were unaware of this notice and only learned about the liquidation of the company in 1997. The applicant's claim sent by post in 1997 was undelivered, and a subsequent submission was made in 2002. The Official Liquidator rejected the claim as being out of limitation, requiring court condonation of the delay for registration and adjudication.After hearing both parties and considering the nature of the claim related to employees' provident fund contributions, the court deemed it necessary to condone the delay in filing the claim. The court emphasized the benefit of the employees and directed the Official Liquidator to register and adjudicate upon the applicant's claim in accordance with the law.In conclusion, the application was disposed of with the court ordering the condonation of the delay in filing the claim before the Official Liquidator, emphasizing the importance of employees' benefits in such matters.