THE HON'BLE Ms. JUSTICE G.ROHINI COMPANY APPLICATION No. 1534 of 2010 Dated: 24.12.2010 Between: M/s. Garvee Granites Limited, Hyderabad. …Applicant THE HON’BLE Ms. JUSTICE G. ROHINI COMPANY APPLICATION No. 1534 of 2010 O R D E R : This application is filed to condone the delay in filing the Certificate in Form No.71 of the of the Companies (Court) Rules, 1959 with respect to the adjudication of claims of the secured and preferential creditors of the company in liquidation. The applicant also seeks to take the certificate in From No.71 on record. I have heard the learned counsel for the Official Liquidator. A perusal of the affidavit filed in support of the applications shows that by order dated 20.09.2001 made in RCC.No.6 of 2001, this Court directed winding up of M/s Garvee Granites Limited and the Official Liquidator attached to this Court was appointed as its liquidator. In terms of the subsequent order passed by this Court in C.A.Nos.918 of 2004, 286 of 2005 and 671 of 2003, the Official Liquidator sold the assets of the company in liquidation. Subsequently, the Official Liquidator invited claims from the creditors of the company in liquidation by publishing a notice in the news papers fixing the last date for receipt of claims as 15.11.2006. In response to the said notice, six claims were received. Out of the same, three claims received from the secured creditors were adjudicated. However, the claims received from the Customs and Central Excise Department and one claimant by name Forvol International could not be adjudicated as they failed to produce the documentary evidence in respect of their claims. It is stated that in view of the delay on the part of the claimants to establish their claims, the adjudication process could not be completed and consequently the certificate in Form No.71 as required under Rule 167 of the Rules could not be filed within three months from the last date fixed for receipt of the claims. While stating that the delay of 1388 in filing the said certificate is neither willful nor wanton, but it was only on account of the aforesaid reasons, the present application has been filed by the Official Liquidator seeking condonation of the delay of 1388 days. It is true that the certificate in Form No.71 should be filed within three months from the date of fixing for submission of proofs. However, the explanation offered by the Official Liquidator in the affidavit filed in support of the application shows that the delay was occasioned for genuine reasons and there is no reason to hold that the delay had occurred in the office of the Official Liquidator deliberately or on account of negligence. Rule 167 read with Rule 7 of the Companies (Court) Rules, 1959 confers very wide powers for enlarging the time fixed by the rules to meet the ends of justice. It is also relevant to note that the condonation of the delay in the present case does not adversely affect the rights of any of the parties, but on the other hand it would enable the winding up proceedings to reach the logical conclusion. Hence, I deem it appropriate to condone the delay in filing the Certificate in From No.71. Accordingly, the delay of 1388 days in filing the certificate in Form No.71 is hereby condoned and the said certificate filed by the Official Liquidator in respect of M/s. Garvee Granites Limited, the company in liquidation, relating to the claims of secured and preferential creditors is taken on record. Registrar is hereby directed to notify the said Form No.71 certificate in the notice board in terms of Rule 169 of companies Court Rules, 1959. The petition is accordingly allowed as prayed for. _____________ G. ROHINI, J Date: 24.12.2010 Ivd/KLP