IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 Co.Appeal.No. 17 of 2010 -------------------------- (JUDGMENT OF THIS COURT DATED 15-02-2010 IN C.A.NO.77/2010 IN C.P.NO.141/1995) APPELLANT/APPLICANT --------------------------------------- SEENIA RAPHEAL,W/O.C.J.RAPHEAL, CHELAPPADAN HOUSE,EAST FORT, THRISSUR-680005. BY ADV. SRI.C.A.MAJEED ADV.ASIF.K.H. RESPONDENT(S): RESPONDENT --------------- M/S.GOOD SHEPHERED CHITTIES AND LOANS PVT.LTD,REP.BY OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA. BY ADV. SRI.K.MONI THIS COMPANY APPEAL HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - Co.Appeal No.17 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2010 JUDGMENT Basheer, J. This appeal is filed against the order passed by the Company Court dismissing her application claiming proportionate dues from the assets of M/s.Good Shephered Chitties & Loans Pvt.Ltd. which is under liquidation. Admittedly, there is inordinate delay of 3352 days in preferring the claim petition. The learned Judge while considering the petition for condonation of delay took the view that even if the petition were to be allowed, it could only be on heavy terms, in which event, the appellant/petitioner may not derive any benefit, in as much as, the claim by itself is comparatively insignificant. The claim of the appellant is for a sum of Rs. 5,800/-. 2. It is admitted by learned counsel for the Official Liquidator that certain amounts are available to the credit of the company in liquidation. In that view of the matter, though the appellant/petitioner has not satisfactorily explained the delay, we are of the view that the Co.Appeal No.17/2010 2 petition for condonation of delay can be allowed. Therefore, the impugned order is set aside. The Appeal is allowed. The claim petition that may be filed by the appellant within two weeks from today shall be considered on its merit by the Official Liquidator and appropriate orders thereon shall be passed without any further delay. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. Co.Appeal No.17/2010 2