Mca/7/2022 Of The Income Tax Officer v. The Official Liquidator

IN THE HIGH COURT OF KERALA AT ERNAKULAM(Original Jurisdiction) In the matter of the Companies Act, 1956 and In the matter of M/s.Elcera Substrates Ltd. (In Liquidation) M.C.A. No.7/2022 in C.P.No.2/2003 Before: The Honourable Mr. Justice N.NAGARESH Friday, the 10[th] day of June 2022/20[th] Jyaishta, 1944 Petitioner The Income Tax Officer, Ward (1), Palakkad. Respondent The Official Liquidator, High Court of Kerala,Representing M/s.Elcera Substrates Ltd. (In Liquidation) Misc. Company Application under Rule 177 of the Companies (Court) Rules,1959 filed by the applicant above named praying for an order to:- i)Condone the delay of 3970 days in preferring the claim by theRevenue before the Official Liquidator, High Court of Kerala representingM/s.Elcera Substrates Ltd. (In Liqn.) ii)Permit the Revenue to prefer the claim before the Official Liquidator,High Court of Kerala representing M/s.Elcera Substrates Ltd. (In Liqn.)within such time as may be prescribed by the Hon' High Court. iii)Pass such other order or orders as may be deemed fit and proper inthe premises of the case. This Application coming on for orders on this day upon hearingSri.P.K.Ravindranatha Menon (Sr) & Sri.Jose Joseph, Standing Counsel, Govt ofIndia (Taxes) for the petitioner and Sri.K.Moni, Standing Counsel for OfficialLiquidator, the Court passed the following:- N.NAGARESH, J --------------------------------------------- M.C.A.No.7 of 2022 in C.P.No.02 of 2003 ------------------------------------------------------ Dated this the 10[th]day of June, 2022. O R D E R The Income Tax Officer, Ward-1, Palakkad seeks to condone the delay of 3970 days in preferring a claim by the Revenue, before the OfficialLiquidator. Taking into consideration the averments made in the affidavit filed by the petitioner, this Court is inclined to condone the delay. Accordingly,the delay of 3970 days in preferring the claim by the Revenue before theOfficial Liquidator is condoned. The Revenue may prefer their claimsbefore the Official Liquidator within a period of two weeks. Sd/- smm N.NAGARESH JUDGE