2017 (3) TMI 1901

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..... ia, learned counsel for the applicant. Also heard Mr. K.Sanyal, Asstt. Director, Office of the RD (NER), Shillong who appears on behalf of ROC/Official Liquidator and other Central Govt. Departments. In response to the order dated 16.03.2017, rendered in IA No.5 of 2017, arising out of MC (C.PTN No. 1 of 2016 (CP No. 1 of 2014), the ROC has filed report vis-a-vis condonation of delay in preferrin .....

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..... ntion, the learned counsel for the applicant has referred to the decision of the Hon'ble Apex Court in the case of Perumon Bhagvathy Devaswom, Perinadu Village Vs Bhargavi Amma (Dead) by LRs. And Ors, reported in (2008) 8 SCC 321, wherein it was held that in an application for condonation of delay, the length of delay is not material but it is the acceptability of the explanation which is the .....

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..... eror Company states that when the information regarding the dismissal was learnt from the Advocate's Clerk, the Applicant/First Transferor Company requested the Advocate's Clerk to obtain the certified copies and accordingly the same was applied on 03.06.2016 and the same was received by the Advocate's Clerk only on 03.06.2016. It appears that due to inadvertence, the date of 03.04.201 .....

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..... t states that the said information about the dismissal of the Company Pet. No. 1/2014 was circulated amongst the Transferor Companies and Trensferee Company. Thus, the Board of Directors of the Applicant/First Transferor Company passed a resolution through circulation on 12.5.2016 authorising Sri Rajesh Kiyawat to take steps for restoration of  the said case and accordingly petitions were pre .....

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..... ing regard to the statements made in Paras 9, 10, 11 and 12 of the application and also keeping the report of ROC in view , I have found that there are enough materials on record requiring this court to condone the delay in preferring the connected restoration application. Accordingly, the prayer for condonation of delay is accepted. This application is disposed of.
Case laws, Decisions, Jud .....

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