IN THE HIGH COURT OF BOMBAY AT GOA COMPANY APPLICATION NO. 16 OF 2006 IN COMPANY PETITION NO. 1 OF 2001 SHRI SANTOSH KANTA ASSOLDEKAR, ....Applicant QUEPEM GOA. Versus OFFICIAL LIQUIDATOR OF NATIONAL ....Respondent AUTO ACCESSORIES LTD.,(IN LIQUIDATION), PANAJI GOA. Mr. M.S.Sonak, Advocate for the Applicant. Ms. Amira Razaq, Advocate for the Respondent. Coram:- N. A. BRITTO, J. Date:- 8th September, 2006 P.C. Heard the learned Counsel on behalf of both the parties. The applicant herein is a workman of the Company under liquidation. The respondent-Official Liquidator pursuant to Order of this Court dated 24-9-2004 invited claims from the creditors of the said Company by notices published on the Navhind Times and Tarun Bharat dated 19-10-2004. As per the said notice/s claims were to be filed before the Official Liquidator on or before 30-11-2004. The applicant who is one of the workman of the said Company under Liquidation has stated that he did not know about the said notice published and came to know about the same, as stated in para 10 of the application. The applicant is therefore before this Court under Rule 177 of the Companies(Court) Rules, 1959. On behalf of the applicant reliance has been placed on a decision of Rajasthan High Court in the case of Jogendra Singh v. Official Liquidator[2006] 65 SCL 162(Raj.). On behalf of the respondent reliance has been placed on a judgment of the Division Bench in the case of Saroj Kumar v.Sugar Mills Ltd.(AIR 1964 Patna 352). In this decision, it has been stated that a creditor is not precluded from coming in at a later stage than that fixed by the Official Liquidator for claims to be made. The only penalty for failure to come within the time stated in the notice for proving the claim is that the claimant can be excluded from the benefit of any distribution made before such debts are proved and that he can only claim a proportionate share in such assets as may remain undistributed at the time when the proof is claimed and without disturbing any distribution made before such proof. In the light of what has been stated in para 10 of the application of the applicant, the respondent/Official Liquidator is hereby directed to adjudicate upon the claim of the applicant. Needless to say any claim so adjudicated would be paid subsequently to the applicant without disturbing the adjudication of claims already done. If any additional documents are required to adjudicate the said claim of the applicant, the applicant to file the same before the respondent/Official Liquidator within a period of 10 days from today. N. A. BRITTO, J. arp/*