S.K.KESHOTE, J. - (1.) HEARD learned counsel for the parties and perused the entire record of the application. Reply to the application has not been filed by the official liquidator.
(2.) THIS is an application by the Employees' Sate Insurance Corporation (for short, 'the Corporation') under Rule 177 of the Companies (Court) Rules, 1959 (hereinafter shall be referred to as 'the Rules, 1959'), for condonation of the delay made in filing of the claim. Claims were invited by the official liquidator from the creditors and the last date for submission of proof of debt of the claims of every class of creditors was February 15, 1985.
(3.) THE affidavit of proof of debt was submitted by the applicant on June 30, 1984, i.e., much before the invitation date but it was not duly affirmed by the notary public or the oath Commissioner. This fact came to the notice of the applicant when the letter dated July 12, 1991, issued by the official liquidator, was received. The file was sent to the advocate J.P. Gupta for doing the needful but the advocate kept the file with him from 1991 to 1993. The official liquidator vide its letter dated July 6, 1993, asked the applicant to submit duly affirmed affidavit and further advised it to submit an application for condonation of delay. Advocate J. P. Gupta could not proceed in the matter on account of his illness.;