Swatantra Batra Vs Official Liquidator & Ors. (Delhi High Court)
The Delhi High Court considered an appeal filed under Section 483 of the Companies Act, 1956, challenging an order dated 08.02.2024 passed by a Single Judge in a company application concerning claims over plots of land belonging to a company in liquidation at Haridwar. The Court first condoned delays of 209 days in refiling and 45 days in filing the appeal. The Single Judge had disposed of the applications on the ground that the claims had already been examined by the Official Liquidator and that aggrieved claimants could pursue statutory remedies under Rule 164 of the Companies (Court) Rules, 1959.
Before the Division Bench, the appellant submitted that the Official Liquidator had rejected his claim solely because original documents were not filed, and that he was willing to submit those originals for consideration. The Court was referred to a coordinate bench decision arising from the same impugned order, where similarly placed appellants were granted time to produce original documents before the Official Liquidator. As the submissions were identical and there was no objection from the Official Liquidator, the Court followed the same approach. The appellant was granted two weeks’ time to submit the relevant original documents, including receipts, before the Official Liquidator, who was directed to consider them in accordance with law. The appeal was accordingly allowed to this limited extent.
