Authority: Supreme Court of India, Civil Appellate Jurisdiction
Order Date: 17 August 2026
Case Overview
- Parties: Official Liquidator of M/s. Kirloskar Investments and Finance Ltd. (in liquidation) (Appellant) vs. M.C. Somashekar & Ors. (Respondents).
- Origin: Appeal against the order of the High Court of Karnataka at Bengaluru dated 19 January 2026, which rejected IA No.3/2025 seeking condonation of a 42‑day delay in filing an appeal under Section 483 of the Companies Act, 1956, read with Section 4 of the Karnataka High Court Act, 1961, and Rules 6 and 9 of the Companies (Court) Rules, 1959.
- Submissions: Counsel for both parties presented arguments; the Supreme Court examined the materials on record and considered the merits of condoning the delay.
- Observations: The Court held that the High Court ought to have condoned the delay and heard the appeal on its merits.
Final Outcome
- The order of the High Court rejecting the delay‑condonation application is set aside.
- The 42‑day delay in filing the appeal is condoned.
- The appeal (OSA No. 6/2025) is restored on the file of the High Court and is to be decided in accordance with law.
- The appeal is allowed.
- Any pending applications, if any, are disposed of.
Topics: Court Order, Insolvency, Delay Condonation