1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.1549 OF 2008 IN COMPANY PETITION NO.711 OF 1998 S.P.Capital Financing Ltd. ..Petitioner V/s. M/s.Bagade India Engineering Ltd & Anr. ..Respondents. And Subhash A. Bhalwal. ..Applicant. Mr.Bhalwal i/b. M/s.Vyas & Bhalwal for applicant. Mr.S.Ramakanta, Dy. O.L. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : NOVEMBER 28, 2008. : NOVEMBER 28, 2008. : NOVEMBER 28, 2008. P.C. P.C. P.C. : : : 1. Heard Counsel for the Applicant and representative of the Official Liquidator. 2. Delay in filing this Application is stated to be 284 days. The only reason mentioned in the affidavit in support of the Application is that the Applicant was not aware of the notice published by the Official Liquidator for inviting claim and he has filed present application as soon as he acquired knowledge about the publication of such notice. Representative of the Official Liquidator submits that the explanation is not sufficient cause to 2 condone delay of almost 284 days. Nonetheless, the Application is allowed by way of indulgence on condition that the Applicant shall pay costs quantified at Rs.2,500/-. Payment of costs is condition precedent for allowing this Application. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)