2005 Supreme(Raj) 2930
RAJASTHAN HIGH COURT AT JAIPUR BENCH
S.K.Keshote, J.
Spintex Tubes & Cons Ltd. (In Liquidation) - Appellant
Versus
XYZ - Respondent
SB Company Application No. 4 of 2005 and in SB Company Petition No. 3 of 1992.
Decided On : 4-02-2005
Advocates:
For the Applicant:Deepak Goyal, Advocate.
For the Official Liquidator:S.N. Kumawant, Advocate.
Headnote:Companies Act, 1956 – S. 530 – Employees Provident Funds and Miscellaneous Provisions Act, 1952 – S. 11 – Delay in filing claim of EPF contribution to official liquidator – application filed for the condonation of the delay – Petitioner came to know about the winding up of company on 5 – 9 – 97 and submitted his claim on 10 – 11 – 97 by post but it was undelivered – Thus, on 25 – 10 – 2002 he submitted his claim which was rejected for being beyond the period of limitation – applicant pleaded that he is a preferential creditor according to – S. 11 of 1952 Act and under – S. 530(1)(f) – accepting the application of the applicant, the court held that the provident fund contribution was primarily for the benefit of the employees and hence the said delay deserves to be condoned.
JUDGMENT
1. - Heard learned Counsel for the applicant on the admission of the matter.
2. Admit, Shri S.N. Kumawat, the Standing Counsel for the Official liquidator, is present in the court; he accepts notice on behalf of the Official Liquidator, hence notice needs not to serve on the Official Liquidator.
3. Looking to the nature of the case the application is taken up for final hearing.
4. Heard learned Counsel for the parties on the merits of the mailer.
5. M/s. Spintex Tubes and Cons Limited (In Liquidation) has been ordered to be wound up by this Court under the order dated 27-3-1992 passed in S.B. Company Petition No. 3/1992.
6. The applicant has claim/debt of Rs. 1,36,762 on the Company (in liquidation) towards EPF Contribution etc. under the provisions of Employees Provident Funds & Miscellaneous Provisions Act, 1952 (for short, 'the Act, 1952'). It is stated to be a preferential creditor under the provisions of Section 11 of the Act, 1952 and under Section 530(1)(f) of the Companies Act, 1956.
7. The Official Liquidator invited the claims and the last date for submission thereof was 17-4-1995. It is submitted that the applicant could not know about this notice of invitation of the claims. Only on 5-9-1997 the applicant came to know from the Assistant Registrar of the Companies, Rajasthan, Jaipur that the company in question has been ordered to be wound-up by this Court and the claim is to be preferred before the Official Liquidator. The applicant sent its claim by post on 10-11-1997 but it received undelivered. The petitioner submitted its claim with the Official Liquidator under the letter dated 25-10-2002. The Official Liquidator informed the applicant that the claim is not within limitation and unless the delay made in filing thereof is condoned by the court it cannot be registered and adjudicated upon, hence this application.
8. Having heard learned Counsel for the parties and going through the contents of the application and keeping in view the fact that the claim pertains to the employees' provident fund contribution etc. that is for the benefit of the employees, the delay made in filing of the claim by the claimant before the Official Liquidator deserves condonation and accordingly the same is condoned. The Official Liquidator to register the claim of the applicant and adjudicate upon it in accordance with the law.
9. The application accordingly stands disposed of.
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