OFFICIAL LIQUIDATOR HIGH COURT OF A P Vs. CH RATNAKAR RAO
HIGH COURT OF ANDHRA PRADESH
OFFICIAL LIQUIDATOR, HIGH COURT OF ANDHRA PRADESH
CHEPUR RATNAKAR RAO
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(1.)In this application the Official Liquidator states that there was a delay of 33 days in filing Company Application No.7 of 1989 and seeks the condonation of the said delay under Section 5 of the Limitation Act, 1963.
(2.)CA.No.7 of 1989 was filed on 16-1 -1989 by the Official Liquidator against the two respondents herein under sub-section (1) of Section 543 read with Section 458-A of the Companies Act, 1956 (hereinafter referred to as 'the Act) alleging that they were guilty of misfeasance and breach of trust in relation to the companyinliquidationi.e.,M/s.Kalpa Advertising and Marketing Company Private Limited against which a winding-up order was passed by this Court in Company Petition No.9 of 1980 on 20-2-1981. The said Company Petition was filed on 25-4-1979. By virtue of Section 449 of the Act, the Official Liquidator became the Liquidator of the Company from the date of the winding-up order.
(3.)In the affidavit filed in support of the present Company Application, the Official Liquidator states that though under sub-section (2) of Section 543 an application under sub-section (1) of that Section has to be filed within five years from the date of the order for winding-up, by virtue of Section 458-A of the Act in computing the period of limitation the period from the date of commencement of the winding-up of the company to the date on which the winding-up order is made and the period immediately following the date of winding-up order Shall be excluded and therefore the last date for filing C.A.No.7 of 1989 was 15-12-1988. But the said Company Application was filed on 16-1-1989 as he was under the bonafide belief that the last date for filing the same was 16-1-1989 due to mis-calculation in computing the period of limitation and that therefore the said delay of 33 days was neither intentional nor deliberate. On that basis he seeks the condonation of the said delay. He further states that this Court was closed on 31-12-1988,1-1-1989, 13-1-1989, 14-1-1989 and 15-1-1989 as they were all declared as holidays and also from 2-1-1989 to 12-1-1989 for Sankranthi vacation.
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