Karnataka High Court
Ehg Elektroholding Gmbh vs Ngef Limited (In Liquidation) on 6 July, 2017
Author: Vineet Kothari
Bench: Vineet Kothari
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THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 06th DAY OF JULY 2017
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
C.A.No.700/2016 c/w C.A.No.701/2016,
C.A.No.185/2015, C.A.No.300/2017, C.A.No.745/2016,
C.A.No.785/2008, C.A.No.622/2009, C.A.No.1594/2011,
C.A.No.1079/2013, C.A.No.301/2015, C.A.No.338/2015,
C.A.No.449/2015, C.A.No.450/2015, C.A.No.798/2015,
C.A.No.851/2015, C.A.No.913/2015, C.A.No.914/2015,
C.A.No.915/2015, C.A.No.1005/2015,
C.A.No.1006/2015, C.A.No.1017/2015,
C.A.No.1031/2015, C.A.No.1066/2015,
C.A.No.1180/2015, C.A.No.76/2016, C.A.No.411/2016,
C.A.No.271/2016, C.A.No.318/2016, C.A.No.319/2016,
C.A.No.378/2016, C.A.No.379/2016, C.A.No.380/2016,
C.A.No.381/2016, C.A.No.382/2016, C.A.No.383/2016,
C.A.No.412/2016, C.A.No.413/2016, C.A.No.414/2016,
C.A.No.415/2016, C.A.No.592/2016, C.A.No.767/2016,
C.A.No.72/2017, C.A.No.259/2017, C.A.No.307/2017 &
C.A.No.308/2017 IN Co.P.No.154/2002
IN C.A.No.700/2016
BETWEEN:
EHG Elektroholding Gmbh
A company incorporated under the laws
of Germany, having its
Registered office at Frankfurt Main
Bockenheimer Landstrasse 101,
Represented herein by its duly
Constituted attorney
Mr.Martin Eisenmann
...APPLICANT
(By Sri.R.V.S.Naik, Adv. for M/s.King & Partridge, Adv.)
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
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AND:
1. NGEF Limited (in liquidation)
Old Madras Road,
Byappanahalli, Bangalore-560 038.
Represented by the Official Liquidator
High Court of Karnataka,
Corporate Bhavan, No.26-27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001.
2. State of Karnataka
Commerce and Industries Department,
Vidhana Soudha,
Bangalore-560 001.
Represented by its Principal Secretary.
...RESPONDENTS
(By Smt.Revathi Adinath Narde, Adv. OL for R1
Sri.Anandeeshwara, HCGP for R2)
This C.A. is filed under Rules 6 and 9 of the Companies
(Court) Rules, 1959, praying to direct Respondent No.1 to take
immediate steps to seek reference of the Award of the Land
Acquisition Officer (BMRCL) in respect of acquisition of 53.107
Acres of NGEF land at Byappanahalli for enhancement of
compensation under Section 18 of the Land Acquisition Act, 1894,
in the interest of the Company in liquidation, its shareholders,
contributories and in public interest.
IN C.A.No.701/2016
BETWEEN:
EHG Elektroholding Gmbh
A company incorporated under the laws
of Germany, having its
Registered office at Frankfurt Main
Bockenheimer Landstrasse 101,
Represented herein by its duly
Constituted attorney Mr.Martin Eisenmann
...APPLICANT
(By Sri.R.V.S.Naik, Adv. for M/s.King & Partridge, Adv.)
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
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AND:
1. NGEF Limited (in liquidation)
Old Madras Road,
Byappanahalli, Bangalore-560 038.
Represented by the Official Liquidator
High Court of Karnataka,
Corporate Bhavan,
No.26-27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001.
2. State of Karnataka
Commerce and Industries Department,
Vidhana Soudha,
Bangalore-560 001.
Represented by its Principal Secretary.
...RESPONDENTS
(By Smt.Revathi Adinath Narde, Adv. OL for R1
Sri.Anandeeshwara, HCGP for R2)
This C.A. is filed under Rules 6 and 9 of the Companies
(Court) Rules, 1959, praying to issue necessary directions to the
Official Liquidator, Respondent No.1 herein for the sale of 119.665
Acres of land in Byappanahalli and other assets belong to NGEF
Limited (in liquidation), as per the guidelines issued by the
Hon'ble Supreme Court in Civil Appeal Nos.6061-63/2008, in the
interest of the Company in liquidation, its shareholders,
contributories and in public interest.
IN C.A.No.185/2015
BETWEEN:
Government of Karnataka
Secretariat, Vidhan Sauda,
Bengaluru-560 001
Represented by Karnataka State
Industrial and Infrastructure
Development Corporation (KSIIDC)
Khanija Bhavan 49, 4th floor, East Wing,
Race Course Road, Bengaluru-560 001.
...APPLICANT
(By Sri.Saji P.John, Adv.)
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
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AND:
NGEF Limited (in liquidation)
Represented by the Official Liquidator
Attached to the High Court of Karnataka
"Corporate Bhavan", No.26-27, 12th floor,
Raheja Towers, M.G.Road,
Bengaluru-560 001.
...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Section 466 of the Companies Act
r/w Rules 6 and 9 of the Companies (Court) Rules, 1959, praying
to allow the application and stay the sale of Schedule Properties,
until disposal of the Company Application 184/15 preferred by the
applicant seeking recall of winding up order, in the interest of
justice and equity.
IN C.A.No.300/2017
BETWEEN:
NGEF Ex-Employees Welfare Association (R)
Flat No.302, Sai Shankari Residency,
No.2011, 20th main, J.P.Nagar 2nd phase,
Bengaluru-560 078.
Represented by its General Secretary
Shri Krishna Urs,
...IMPLEADING APPLICANT
(By Sri.S.Rajesh, Adv.)
AND:
Government of Karnataka
Secretariat, Vidhan Soudha,
Bengaluru-560 001
Represented by Karnataka State
Industrial and Infrastructure
Development Corporation (KSIIDC),
Khanija Bhavan 49, 4th floor, East Wing,
Race Course Road, Bengaluru-560 001.
...APPLICANT
In C.A.184 & C.A.185/15
(By Sri.Saji P.John, Adv.)
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
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AND:
NGEF Limited (in liquidation)
Represented by the Official Liquidator
Attached to the High Court of Karnataka
"Corporate Bhavan", No.26-27, 12th floor,
Raheja Towers, M.G.Road,
Bengaluru-560 001, Bengaluru city.
...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Order 1 Rule 10 r/w Section 151 of
CPC r/w Rules 6 & 9 of the Companies (Court) Rules, 1959,
praying to implead the applicant as Respondent No.2 to the above
company applications in the interest of justice and equity.
IN C.A.No.745/2016
BETWEEN:
NGEF Ex-Employees Welfare Association (R)
Flat No.302, Sai Shankari Residency,
No.2011, 20th main, J.P.Nagar 2nd phase,
Bengaluru-560 078.
Represented by its General Secretary
Shri Krishna Urs,
...APPLICANT
(By Sri.S.Rajesh, Adv.)
AND:
The Official Liquidator of
NGEF Limited (in liquidation),
Hon'ble High Court of Karnataka
12th floor, Raheja Towers, M.G.Road,
Bengaluru-560 001.
...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Rule 164 r/w Rule 6 & 9 of the
Companies (Court) Rules, 1959, praying to direct the Official
Date of Order 06.07.2017
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EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
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Liquidator to comply with the directions of the Hon'ble High Court
of Karnataka in W.P.No.820/2003 and Etc.,
IN C.A.No.785/2008
BETWEEN:
M/s.NGEF Ltd.,(in liquidation)
Reptd. by Official Liquidator
Attached to High Court of Karnataka
4th floor, D & F Wing, Kendriyasadan,
Koramangala, Bangalore-560 034.
...APPLICANT
(By Smt.Revathi Adinath Narde, Adv. for OL)
AND:
The General Manager
M/s.Chittaranjan Locomotive Works,
Post Chittaranajan-713 331
District Bardwan
West Bengal. ...RESPONDENT
(By Sri.Abhinay, Adv. for Sri.N.S.Sanjay Gowda, Adv.)
This C.A. is filed under Section 446(2)(b) of the Companies
Act, 1956 r/w Rule 9 of the Companies (Court) Rules, 1959,
praying that the Respondent be ordered and decreed to pay the
applicant a sum of Rs.1,82,14,000/- along with interest 18% p.a.
w.e.f. 03.08.2004 and future interest till date of making payment
& Etc.,
IN C.A.No.622/2009
BETWEEN:
M/s.NGEF Ltd.,(in liquidation)
Reptd. by Official Liquidator
Attached to High Court of Karnataka
Corporate Bhavan, Raheja Towers,
12th floor, 26-27, M.G.Road,
Bangalore-560 001. ...APPLICANT
(By Smt.Revathi Adinath Narde, Adv. for OL)
Date of Order 06.07.2017
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EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
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AND:
1. Sri.Tapan Senapathy
Plot No.17, 14th main,
1st cross, Sector IV,
HSR Layout,
Bangalore-560 034.
2. Sr.C.R.Chikkamath, IAS
Commissioner of Industrial Development &
Director, Industries & Commerce Dept.,
Khanija Bhavan, Race Course Road,
Bangalore-560 001.
3. Sri.Ritvik R.Pandey, IAS
Deputy Secretary (III)
Finance Department,
Vidhana Soudha,
Bangalore-560 001.
4. Sri.K.N.Srivasthava, IAS
Managing Director
Bangalore Mass Rapid Transit Ltd.,
Unit No.305, Blue Cross Chambers,
Infantry Road Cross,
Bangalore-560 001.
5. Sri.H.H.Sait
Additional Secretary,
Commerce & Industries Department,
M.S.Building, Bangalore-560 001.
6. Sri.P.K.Sehgal
Managing Director
AEG India Ltd., No.1012, 10th floor,
Prestige Meridian, 29-30, M.G.Road,
Bangalore-560 001.
7. Sri.G.Behr
EHG, Electroholding Gmbh
Bockenheimer Landstr 101,
D 60325, Frankfurt Am Main
Germany.
Date of Order 06.07.2017
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EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
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8. Sri.G.R.Sarma
AEG India Ltd., No.1012,
10th floor, Prestige Meridian,
29-30, M.G.Road,
Bangalore-560 001.
...RESPONDENTS
(By Sri.Anandeeshwara, HCGP for R1 to R5
Sri.R.V.S.Naik, Adv. for King & Partridge, for R6
R8-Application dismissed v/o/dt.15.03.12)
This C.A. is filed under Section 543(1) of the Companies
Act, 1956 r/w Rule 260 of the Companies (Court) Rules, 1959,
praying to summon the Respondents 1 to 8 for the purpose of
examination with regard to the matter specified in the application
and Etc.,
IN C.A.No.1594/2011
BETWEEN:
Official Liquidator of
M/s.NGEF Ltd.,(in liquidation)
Attached to the Hon'ble High Court of Karnataka,
"Corporate Bhavan", No.26-27, 12th floor,
Raheja Towers, M.G.Road,
Bengaluru-560 001. ...APPLICANT
(By Smt.Revathi Adinath Narde, Adv. for OL)
AND:
The Commissioner
Bruhat Bangalore Mahanagara Palike
Bangalore. ...RESPONDENT
(By Sri.K.V.Narasimhan & Sri.Prashanth Chandra, Advs.)
This C.A. is filed under Section 446(2) (b) of the Companies
Act, 1956 r/w Rule 6 & 9 of the Companies (Court) Rules, 1959,
praying to direct the Commissioner, Palike (BBMP) to remove all
material and park amenities provided at the premises mentioned
in the above schedule (unsold landed property of the company in
liquidation) in Survey No.29, in Ward No.50 (Behind/adjacent to
Date of Order 06.07.2017
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EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
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ESI Dispensary) Krishnaiahana Palya, Byappanahalli, Bangalore
and also to submit an affidavit, not to enter the property under
the custody of this Hon'ble Court/the Official Liquidator) & Etc.,
IN C.A.No.1079/2013
BETWEEN:
The Commissioner
Bruhat Bangalore Mahanagara Palike
Hudson Circle, Bangalore. ...APPLICANT
(By Sri.K.V.Narasimhan & Sri.Prashanth Chandra, Advs.)
AND:
The NGEF Ltd.,(in liquidation)
Through Official Liquidator
Attached to High Court of Karnataka,
"Corporate Bhavan", No.26-27, 12th floor,
Raheja Towers, M.G.Road,
Bengaluru-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Section 446(2)(b) of the Companies
Rules, r/w Rule 6 and 9 of the Companies (Court) Rules, 1959,
praying to direct the Police Inspector, Byappanahalli police
station, Bangalore to give assistance to deliver the possession to
respondent of portion of property in Sy.No.29, in Ward No.50,
Krishnayyanapalya, Byappanahalli, Bangalore, where park has
been formed & Etc.,
IN C.A.No.301/2015
BETWEEN:
Sri. C. Ganesh s/o Chandrappa
Aged about 50 years
R/at. No.717, 3rd Main
OMBR Layout, Banasawadi (P)
Bengaluru - 560043. ... APPLICANT
(By Sri. Manjunath R, Adv.,)
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
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AND:
The Official Liquidator
Representing N.G.E.F. Limited
(Under Liquidation), Corporate Bhavan
No.26-27, 12th Floor, Raheja Towers
M.G. Road, Bangalore-560001.
...RESPONDENT
(By Smt. Revathi Adinath Narde, Adv., for OL)
This C.A. is filed under Rule 164 of the Companies (Court)
Rules 1959, praying to set aside the impugned computation of the
Respondent regarding the 2 wage revisions, superannuation, ex-
gratia, other benefits, interest etc., for the Applicant and consider
the claim of the applicant made in their affidavits of proof of debt
produced as Annexure-C1 to this application.
IN C.A.No.338/2015
BETWEEN:
Mr. A. Srinivas
S/o Anjanappa
Major, R/at No.220-E
Muniswamappa Layout
HAL 3rd Stage, Konena Agrahara
Bengaluru - 560017.
... APPLICANT
(By Smt. Asha S.M, Adv.,)
AND:
The Official Liquidator of
M/s. NGEF Limited (in Liquidation)
Hon'ble High Court of Karnataka
12th Floor, Raheja Towers
M.G. Road, Bangalore-560001.
...RESPONDENT
(By Smt. Revathi Adinath Narde, Adv., for OL)
This C.A. is filed under Rule 164 r/w Rules 6 & 9 of the
Companies (Court) Rules 1959, praying to set aside the impugned
Date of Order 06.07.2017
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EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
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order/Notice of Admission/Rejection of Proof of Debt bearing
No.OLB/Co.P No.154/2002/Sec-V/Cl.No.382/550/2014, date 24-
04-2014 (Annexure -C) issued by the respondent to admit the
claim of Rs.16,949/- towards Superannuation amount and the
Official Liquidator and to direct the Official Liquidator to
adjudicate the claim made by the Applicant and etc.,
IN C.A.No.449/2015
BETWEEN:
Sri. H.M. Srinivasa
Aged about 68 years
S/o Mookanna
R/at Ganigarapete
Hosakote, Bangalore.
... APPLICANT
(By Smt. B.V. Vidyulatha, Adv.,)
AND:
1. M/s. NGEF Limited
(in Liquidation)
Rep. by its Official Liquidator
Attached to High Court of Karnataka
Corporate Bhavan, 12th Floor
Raheja Towers, M.G. Road
Bangalore-560 001.
2. Government of Karnataka
Department of Revenue
Vikasa Soudha
Bangalore-560001
Rep. by its Secretary.
(Amended Vide Order dated 21-07-2015)
...RESPONDENTS
(By Smt. Revathi Adinath Narde, Adv., for OL)
This C.A. is filed under Section 460(6) of the Companies
Act, 1956 r/w Rule 6, 9 & 164 of Companies (Court) Rules, 1959,
praying to set aside the Notice of Admission/Rejection of Proof of
Debt dated 28-04-2014 issued by the Respondent at Annexure-J
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
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bearing No.OLB / Co.P.No.154/ 2002/ Sec-V/
Cl.No.2622/1856/2014 and etc.,
IN C.A.No.450/2015
BETWEEN:
Sri. H.M. Srinivasa
Aged about 68 years
S/o Mookanna
R/at. Ganigarapete
Hosakote, Bangalore.
... APPLICANT
(By Smt. B.V. Vidyulatha, Adv.,)
AND:
M/s. NGEF Limited
(in Liquidation)
Rep. by its Official Liquidator
Attached to High Court of Karnataka
Corporate Bhavan, 12th Floor
Raheja Towers, M.G. Road
Bangalore-560 001.
...RESPONDENT
(By Smt. Revathi Adinath Narde, Adv., for OL)
This C.A. is filed under Section 5 of Limitation Act r/w
Rules 6 & 9 of Companies (Court) Rules 1959, praying to condone
the delay of 388 days in filing the application seeking for setting
aside Notice of Rejection of Proof of Debt dated 28-04-2014 issued
by Respondent Official Liquidator and for other reliefs.
IN C.A.No.798/2015
BETWEEN:
Sri. T.V. Nagaraju
S/o late T.N. Veerappaji Gowda
Aged about 67 years
R/at. No.18/1, 6th Main Road
Chamarajpet, Bangalore-560018.
... APPLICANT
(By Sri. Vishwanath R. Hegde, Adv.,)
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
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AND:
M/s. N.G.E.F. Ltd., (in Liquidation)
Rep. by the Official Liquidator
Attached to High Court of Karnataka
Corporate Bhavan, No.26/27, 12th Floor
Raheja Towers, M.G. Road
Bangalore-560 001.
...RESPONDENT
(By Smt. Revathi Adinath Narde, Adv., for OL)
This C.A. is filed under Rule 164 r/w Rules 6 & 9 of the
Company (Court) Rules 1959, praying to set aside the impugned
Order/Notice of Admission/Rejection of Proof of Debt bearing
OLB/Co.P No.154/2002/Sec-V/Cl.No.4/2305/2014 dated 02-05-
2004 (Annexure-H) issued by the respondent and consequently
direct the respond to pay the admitted claim of Rs.2,74,592/-
towards the retirement benefits and etc.,
IN C.A.No.851/2015
BETWEEN:
Sri.Rajappa
S/o late Venkatappa @ Venkataramanaiah
Aged about 54 years
Residing at Sri.Venkateshwara Nilaya
Channa Nayakana Palya
Nagasandra post, Tumkur Road,
Bengaluru-560 073. ...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
AND:
M/s.NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
Date of Order 06.07.2017
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EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
14/45
This C.A. is filed under Rule 164 r/w Rules 6 & 9 of the
Companies (Court) Rules, 1959, praying to set aside the impugned
order/Notice of Admission/Rejection of Proof of Debt bearing
OLB/Co.P.No.154/2002/Sec-V/Cl.No.384/551/2014 dated
24.04.2014 (Annexure-C) issued by the respondent and
consequently, direct the respondent to admit the claim of
Rs.17,479/- towards Superannuation amount also and grant such
other and further reliefs as are just.
IN C.A.No.913/2015
BETWEEN:
B.L.Narendra
S/o D.L.Lingegowda,
Aged about 68 years
R/at No.1572, 16th A Main,
J.P.Nagar, 2nd phase,
Bangalore-560 072.
...APPLICANT
(By Sri.Sandeep Katti, Adv.)
AND:
NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Rule 164 r/w Rules 6 & 9 of the
Companies (Court) Rules, 1959, praying to set aside the order
dated 02.05.2014 vide Communication
No.OLB/Co.P.No.154/2002/Sec-V/Cl.No.86/2355/2014, and
direct the respondent to pay the claim amount of Rs.50,000/- with
interest.
Date of Order 06.07.2017
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NGEF Limited (in liquidation) & Others
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IN C.A.No.914/2015
BETWEEN:
B.L.Narendra
S/o D.L.Lingegowda,
Aged about 68 years
R/at No.1572, 16th A Main,
J.P.Nagar, 2nd phase,
Bangalore-560 072. ...APPLICANT
(By Sri.Sandeep Katti, Adv.)
AND:
NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Section 5 of the Limitation Act,
Rule 164 r/w Rules 6 & 9 of the Companies (Court) Rules, 1959,
praying to condone the delay of 465 days in filing
C.A.No.913/2015 in the interest of justice and equity.
IN C.A.No.915/2015
BETWEEN:
J.Malleshwari
W/o late Dinkar Raju
Aged about 58 years
R/at No.186, 2nd floor,
7th Main, 4th cross, Mathikere,
Bangalore-560 072. ...APPLICANT
(By Sri.Sandeep Katti, Adv.)
AND:
NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Date of Order 06.07.2017
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NGEF Limited (in liquidation) & Others
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Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Rules 6 & 9 of the Companies
(Court) Rules, 1959, praying to direct the respondent to consider
the application dated 17.06.2011 and pay the sum of Rs.30,000/-
claimed by the applicant.
IN C.A.No.1005/2015
BETWEEN:
Sri.K.S.Bammappanavar
S/o late Siddappa
Aged about 57 years
Residing at No.366, 1st cross,
2nd Main, Jagajyothi layout,
Nagadevanahalli, Bengaluru-560 056.
...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Rule 164 r/w Rules 6 & 9 of the
Companies (Court) Rules, 1959, praying to set aside the impugned
order/Notice of Admission/Rejection of Proof of Debt bearing
OLB/Co.P.No.154/2002/Sec-V/Cl.No.897/2653/2014 dated
02.05.2014 (Annexure-C), issued by the respondent in so far it
rejects the claim and consequently, direct the respondent to admit
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
17/45
the claim of Rs.11,854/- towards Superannuation amount also
and grant such other and further releifs as are just.
IN C.A.No.1006/2015
BETWEEN:
S.Alexander
S/o late M.Savari Muthu
Aged about 65 years
Residing at No.211, 9th 'C' Main,
HRBR I Block, Kalyan Nagar,
Bengaluru-560 043.
...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Rule 164 r/w Rules 6 & 9 of the
Companies (Court) Rules, 1959, praying to set aside the impugned
order/Notice of Admission/Rejection of Proof of Debt bearing
OLB/Co.P.No.154/2002/Sec-V/Cl.No.3427/3725/2014 dated
02.05.2014 (Annexure-C) issued by the respondent and
consequently, direct the respondent to admit the claim of
Rs.49,156/- towards Superannuation amount also and grant such
other and further releifs as are just.
IN C.A.No.1017/2015
BETWEEN:
Sri.Rajendra Prasad Nigam @ R.P.Nigam
S/o Sri.Hardev Prasad Nigam
Aged about 69 years
Residing at No.C-303, Venus Apartments
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
18/45
Opp.Sainik Vihar, Pitampura,
New Delhi-110034. ...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Rule 164 r/w Rules 6 & 9 of the
Companies (Court) Rules, 1959, praying to set aside the impugned
order/Notice of Admission/Rejection of Proof of Debt bearing
OLB/Co.P.No.154/2002/Sec-V/Cl.No.1501/2909/2014 dated
02.05.2014 (Annexure-C), issued by the respondent and
consequently, direct the respondent to admit the claim of
Rs.76,567/- towards Superannuation amount also and grant such
other and further releifs as are just.
IN C.A.No.1031/2015
BETWEEN:
Sri.Pathappa
S/o late Ramaiah
Aged about 66 years
R/at No.343, 7th Cross,
4th main, NGEF Layout,
Mallathalli, Bengaluru-560 056.
...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
19/45
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Rule 177 r/w Rules 6 & 9 of the
Companies (Court) Rules, 1959, praying to condone the delay of
1036 days in filing the affidavit of proof of debt and grant such
other and further reliefs as are just.
IN C.A.No.1066/2015
BETWEEN:
K.Kodandarama Reddy
(Staff No.11924/012/Dy.Manager)
Res:Door No.26/1, 1st Main, Garden Avenue,
Near Garden City College, Bhattarahalli,
Virgo Nagar PO, Bangalore-560 049.
...APPLICANT
(By Sri.B.N.Suresh Babu, Adv.)
AND:
The Official Liquidator of
M/s. NGEF Ltd., (in liquidation)
Hon'ble High Court of Karnataka
12th floor, Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Section 5 of the Limitation Act
praying to condone the delay of 67 days in preferring the claim
petition before the Official Liquidator and to direct the Official
Liquidator to adjudicate the claim made by this applicant & etc.,
IN C.A.No.1180/2015
BETWEEN:
K.Kodandarama Reddy
(Ex-Staff No.11924/012-Corporate Office)
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
20/45
Res:Door No.26/1, 1st Main, Garden Avenue,
Near Garden City College, Bhattarahalli,
Virgo Nagar PO, Bangalore-560 049.
...APPLICANT
(By Sri.B.N.Suresh Babu, Adv.)
AND:
The Official Liquidator of
M/s. NGEF Ltd., (in liquidation)
Hon'ble High Court of Karnataka
12th floor, Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Rule 164 of the Companies (Court)
Rules, praying to issue additional order for restoration of
Adjudication/Arbitration of over the claim & Etc.,
IN C.A.No.76/2016
BETWEEN:
Sri.R.Krishnamurthy
S/o late R.Padmanabhachar
Aged about 65 years
Residing at No.222/16, 'Sri Hari Krupa',
4th Main, Vyalikaval,
Bengaluru-560 003.
...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
21/45
This C.A. is filed under Rule 164 r/w Rules 6 & 9 of the
Companies (Court) Rules, 1959, praying to set aside the impugned
order/Notice of Admission/Rejection of Proof of Debt bearing
OLB/Co.P.No.154/2002/Sec-V/Cl.No.1501/2569/3352/2014
dated 02.05.2014 (Annexure-C), issued by the respondent and
consequently, direct the respondent to admit the claim of
Rs.60,764/- towards Superannuation amount also and grant such
other and further releifs as are just.
IN C.A.No.411/2016
BETWEEN:
Sri.R.Krishnamurthy
S/o late R.Padmanabhachar
Aged about 65 years
Residing at No.222/16, 'Sri Hari Krupa',
4th Main, Vyalikaval, Bengaluru-560 003.
...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Section 5 of the Limitation Act r/w
Rules 6 & 9 of the Companies (Court) Rules, 1959, praying to
condone the delay of 634 days in filing the above application and
grant such other and other reliefs as are just.
IN C.A.No.271/2016
BETWEEN:
C.Andanappa
Aged 54 years
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
22/45
S/o Mr.Chikkalingaiah
Residing at Nagamma Road, Reddy layout,
Near Kullappa Circle,
Kammanahalli, St.Thomas Town Post,
Bangalore-560 084. ...APPLICANT
(By Sri.Ravi Jagan, Adv.)
AND:
The Official Liquidator
Representing NGEF Ltd., (under liquidation)
Corporate Bhavan, No.26-27,
Raheja Towers, 12th floor, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Rule 164 r/w Rules 6 & 9 of the
Companies (Court) Rules, 1959, praying to reject the admission of
claim of Rs.2,40,006/- (Rs.Two lakhs Forty thousand and six only)
by the respondent in its order OLB/Co.P.No.154/2002/Sec-
V/Cl.No.1143/85/2016 dated 13.04.2016 and direct the
respondent to re-compute the claim of the applicant and admit as
secured debt, due to him as Rs.42,49,280/- (Rs.Forty two lakhs
forty nine thousand two hundred and eighty only) & etc.,
IN C.A.No.318/2016
BETWEEN:
Sri.H.N.Shiva Kumar
S/o late H.Nanjundaiah
Aged about 61 years
R/at C/o Sri.R.S.Ravishankar,
No.110, 4th cross, 19th main,
1st 'N' Block, Rajajinagar,
Bengaluru-560 010.
...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
23/45
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Rule 164 r/w Rules 6 & 9 of the
Companies (Court) Rules, 1959, praying to set aside the impugned
order/Notice of Admission/Rejection of Proof of Debt bearing
OLB/Co.P.No.154/2002/Sec-V/Cl.No.654/2564/2014 dated
02.05.2014 (Annexure-D), issued by the respondent and
consequently, direct the respondent to admit the claim of the
applicant and grant such other and further releifs as are just.
IN C.A.No.319/2016
BETWEEN:
Sri.H.N.Shiva Kumar
S/o late H.Nanjundaiah
Aged about 61 years
R/at C/o Sri.R.S.Ravishankar,
No.110, 4th cross, 19th main,
1st 'N' Block, Rajajinagar,
Bengaluru-560 010.
...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
24/45
This C.A. is filed under Section 5 of the Limitation Act r/w
Rules 6 & 9 of the Companies (Court) Rules, 1959, praying to
condone the delay of 755 days in filing the above application and
grant such other and further reliefs as are just.
IN C.A.No.378/2016
BETWEEN:
Mr.Gonsalo Philip Tuscano
@ G.P.Tuscano
S/o Sri.Philip Alex Tuscano
Aged about 62 years
R/at No.601, Skywalk Building No.5,
Tank Road, Orlam Malad (West),
Mumbai-400 064. ...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Rule 164 r/w Rules 6 & 9 of the
Companies (Court) Rules, 1959, praying to set aside the impugned
order/Notice of Admission/Rejection of Proof of Debt bearing
OLB/Co.P.No.154/2002/Sec-V/Cl.No.1859/3076/2014 dated
02.05.2014 (Annexure-C), issued by the respondent and
consequently, direct the respondent to admit the claim of
Rs.50,359/- towards Superannuation amount and grant such
other and further releifs as are just.
IN C.A.No.379/2016
BETWEEN:
Mr.Gonsalo Philip Tuscano
@ G.P.Tuscano
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
25/45
S/o Sri.Philip Alex Tuscano
Aged about 62 years
R/at No.601, Skywalk Building No.5,
Tank Road, Orlam Malad (West),
Mumbai-400 064.
...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Section 5 of the Limitation Act r/w
Rules 6 & 9 of the Companies (Court) Rules, 1959, praying to
condone the delay of 758 days in filing the above application and
grant such other and further reliefs as are just.
IN C.A.No.380/2016
BETWEEN:
Sri.G.Gangadhara
S/o Sri.Govindaswamy
Aged about 66 years
R/at No.194, 5th cross,
Rifco Shanthinikethan layout,
Medahalli, Bengaluru-560 049.
...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
26/45
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Rule 164 r/w Rules 6 & 9 of the
Companies (Court) Rules, 1959, praying to set aside the impugned
order/Notice of Admission/Rejection of Proof of Debt bearing
OLB/Co.P.No.154/2002/Sec-V/Cl.No.2403/3322/2014 dated
02.05.2004 (Annexure-C), issued by the respondent and
consequently, direct the respondent to admit the claim of
Rs.46,904/- towards Superannuation amount and grant such
other and further releifs as are just.
IN C.A.No.381/2016
BETWEEN:
Sri.G.Gangadhara
S/o Sri.Govindaswamy
Aged about 66 years
R/at No.194, 5th cross,
Rifco Shanthinikethan layout,
Medahalli, Bengaluru-560 049.
...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Section 5 of the Limitation Act r/w
Rules 6 & 9 of the Companies (Court) Rules, 1959, praying to
condone the delay of 758 days in filing the above application and
grant such other and further reliefs as are just.
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
27/45
IN C.A.No.382/2016
BETWEEN:
R.K.Anantha
S/o R.S.Krishna Rao
Aged about 55 years
Residing at No.815, 1st D Main road,
8th cross, 2nd phase, Girinagar,
Bengaluru-560 085.
...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Rule 164 r/w Rules 6 & 9 of the
Companies (Court) Rules, 1959, praying to set aside the impugned
order/Notice of Admission/Rejection of Proof of Debt bearing
OLB/Co.P.No.154/2002/Sec-V/Cl.No.3430/3727/2014 dated
02.05.2014 (Annexure-C), issued by the respondent and
consequently, direct the respondent to admit the claim of
Rs.49,914/- towards Superannuation amount and grant such
other and further releifs as are just.
IN C.A.No.383/2016
BETWEEN:
R.K.Anantha
S/o R.S.Krishna Rao
Aged about 55 years
Residing at No.815, 1st D Main road,
8th cross, 2nd phase,
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
28/45
Girinagar,
Bengaluru-560 085.
...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Section 5 of the Limitation Act r/w
Rules 6 & 9 of the Companies (Court) Rules, 1959, praying to
condone the delay of 758 days in filing the above application and
grant such other and further reliefs as are just.
IN C.A.No.412/2016
BETWEEN:
Sri.N.Balasubbaiah
S/o N.Seshaiah
Aged about 72 years
R/at Flat No.6, 3rd floor, A1 Block,
Sri.Mahalakshmi Apts.,
Secretariat Colony, Adambakkam,
Chennai-600 088.
...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
29/45
This C.A. is filed under Rule 164 r/w Rules 6 & 9 of the
Companies (Court) Rules, 1959, praying to set aside the impugned
order/Notice of Admission/Rejection of Proof of Debt bearing
OLB/Co.P.No.154/2002/Sec-V/Cl.No.1257/2804/2014 dated
02.05.2004 (Annexure-C), issued by the respondent and
consequently, direct the respondent to admit the claim of
Rs.61,190/- towards Superannuation amount and grant such
other and further releifs as are just.
IN C.A.No.413/2016
BETWEEN:
Sri.N.Balasubbaiah
S/o N.Seshaiah
Aged about 72 years
R/at Flat No.6, 3rd floor, A1 Block,
Sri.Mahalakshmi Apts.,
Secretariat Colony, Adambakkam,
Chennai-600 088.
...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Section 5 of the Limitation Act r/w
Rules 6 & 9 of the Companies (Court) Rules, 1959, praying to
condone the delay of 760 days in filing the above application and
grant such other and further reliefs as are just.
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
30/45
IN C.A.No.414/2016
BETWEEN:
Sri.S.Yashasvi,
S/o Sri.A.Subba Rao
Aged about 56 years
R/at No.507, 2nd B Main Road,
18th cross, Poornaprajna Layout,
Uttarahalli Main Road,
Bengaluru-560 061.
...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Rule 164 r/w Rules 6 & 9 of the
Companies (Court) Rules, 1959, praying to set aside the impugned
order/Notice of Admission/Rejection of Proof of Debt bearing
OLB/Co.P.No.154/2002/Sec-V/Cl.No.4204/7388/2015 dated
21.09.2015 (Annexure-C), issued by the respondent and
consequently, direct the respondent to admit the claim of
Rs.25,041/- towards Superannuation amount and grant such
other and further releifs as are just.
IN C.A.No.415/2016
BETWEEN:
Sri.S.Yashasvi,
S/o Sri.A.Subba Rao
Aged about 56 years
R/at No.507, 2nd B Main Road,
18th cross, Poornaprajna Layout,
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
31/45
Uttarahalli Main Road,
Bengaluru-560 061.
...APPLICANT
(By Sri.Vishwanath R.Hegde, Adv.)
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26/27, 12th floor,
Raheja Towers, M.G.Road,
Bangalore-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Section 5 of the Limitation Act r/w
Rules 6 & 9 of the Companies (Court) Rules, 1959, praying to
condone the delay of 254 days in filing the above application and
grant such other and further reliefs as are just.
IN C.A.No.592/2016
BETWEEN:
M/s.Vishwaprajna Co-operative Credit
Society Limited,
No.43, 1st floor, MIG, Suresh Complex,
KHB Colony, 2nd stage, Havanoor circle,
Basaveshwarnagar, Bengaluru-560 079.
Represented by its Secretary.
...APPLICANT
(By Sri.D.R.Rajashekharappa, Adv.)
AND:
The Official Liquidator of
M/s. NGEF Ltd., (in liquidation)
Attached to High Court of Karnataka
Raheja Towers, M.G.Road,
Bengaluru-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
32/45
This C.A. is filed under Rule 9 of the Companies (Court)
Rules, 1959, praying to direct the respondent-Official Liquidator to
deduct an amount of Rs.13,83,351-00 as set out in Annexure-A
out of the VRS amount/closure compensation, payable to ex-
employees of the NGEF Ltd., whose names are mentioned in
Annexure-A with a further direction to him to pay the said amount
to the applicant Society towards the discharge of the loan
borrowed by above referred ex-employees of the NGEF Ltd., in the
interest of justice and equity.
IN C.A.No.767/2016
BETWEEN:
Laxman Lamani
S/o Thippanna Lamani
Aged 53 years
R/at Vasanthi Vihar
No.39/40, 4th cross,
Lakkanna Layout, Near Jana Bharathi University
Bengaluru-56.
...APPLICANT
(By Sri.B.Ramesh, Adv.)
AND:
NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26-27, 12th floor,
Raheja Towers, M.G.Road,
Bengaluru-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Rules 6 & 9 of the Companies
(Court) Rules, 1959, praying to call for records in
Co.P.No.154/2002 and direct the respondent to release all the
terminal benefits to the petitioners in terms of the final settlement
scheme 2016 and also pay backwages and other consequential
benefits along with interest from 21.09.2000 as extended to other
120 employees as per the order passed in C.A.No.278/2016 dated
15.07.2016 & Etc.,
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
33/45
IN C.A.No.72/2017
BETWEEN:
S.Nandakumar
S/o Sri.D.Somasundaram
Aged about 50 years
R/at No.1220, 5th cross,
27th main, J.P.Nagar 1st phase,
Bengaluru-560 078.
...APPLICANT
(By Ms.Shilpa Rani, Adv.)
AND:
The Official Liquidator for
NGEF Ltd., (in liquidation)
Corporate Bhavan, No.26-27, 12th floor,
Raheja Towers, M.G.Road,
Bengaluru-560 001.
...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Rules 6 & 9 of the Companies
(Court) Rules, 1959, praying to issue following directions to the
Respondent, the representation dated 15.09.2016 made by the
applicant as per Annexure-A8 and to settle his claim as per the
said representation forthwith which is made pursuant to the order
of this Hon'ble Court dated 20.11.2014 passed in
C.A.No.1382/2014 in Company Petition No.154/2002 as per
Annexure-A4 and etc.,
IN C.A.No.259/2017
BETWEEN:
Batliboi Limited
Registered and Corporate office at
Bharath House, 5th floor, 104,
Bombay Samachar Marg,
Mumbai-400 001.
Duly represented by authorized Officer
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
34/45
Sri.Ramesh K.Chiniwar
Aged about 62 years
S/o Krishna Rao Chiniwar
...APPLICANT
(By Sri.T.P.Vivekananda, Adv.)
AND:
M/s. NGEF Ltd., (in liquidation)
Represented by Official Liquidator
Corporate Bhavan, No.26 & 27, 12th floor,
Raheja Towers, M.G.Road,
Bengaluru-560 001.
...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Rule 164 r/w Rules 6 & 9 of the
Companies (Court) Rules, 1959, praying to direct the Official
Liquidator to reconsider the claim of the applicant in the light of
the documents produced along with the letter dated 01.03.2017 at
Annexure-H and also the representation dated 10.03.2017 at
Annexure-J in compliance with the direction of this Hon'ble Court
in Company Application No.82/2016 and pay the amount claimed
by the applicant in a sum of Rs.95,70,615/- along with interest at
the rate of 18% from the date it became due till the date of
payment, in the interest of justice and equity.
IN C.A.No.307/2017
BETWEEN:
Sri.P.V.Narappa Reddy
S/o late C.C.Venkata Swamy Reddy
Aged 62 years
R/at No.90, 5th Cross, RBD Layout,
Near Wipro Corporate Office,
Sajapura, Bengaluru-560 035.
...APPLICANT
(By Sri.B.Ramesh, Adv.)
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
35/45
AND:
NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26-27, 12th floor,
Raheja Towers, M.G.Road,
Bengaluru-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
This C.A. is filed under Rules 6 & 9 of the Companies
(Court) Rules, 1959, praying to call for records in
Co.P.No.154/2002 and direct the respondent to release all the
terminal benefits to the petitioners in terms of the final settlement
scheme 2016 and also pay backwages and other consequential
benefits along with interest from 21.06.2000 as extended to other
120 employees as per the order passed in C.A.No.278/2016 dated
15.07.2016 & Etc.,
IN C.A.No.308/2017
BETWEEN:
Mangal D.Karnad
W/o Udayashankara Bhat P.
Aged 52 years
R/at No.D2, Eshanya Prathama
3rd cross, B.C.Gundappa Layout,
Byrasandra, C.V.Raman Nagar,
Bengaluru-560 093. ...APPLICANT
(By Sri.B.Ramesh, Adv.)
AND:
NGEF Ltd., (in liquidation)
Represented by the Official Liquidator
Attached to the Hon'ble High Court of Karnataka
Corporate Bhavan, No.26-27, 12th floor,
Raheja Towers, M.G.Road,
Bengaluru-560 001. ...RESPONDENT
(By Smt.Revathi Adinath Narde, Adv. for OL)
Date of Order 06.07.2017
C.A.No.700/2016 & Connected Company Applications
EHG Elektroholding Gmbh & Others vs.
NGEF Limited (in liquidation) & Others
36/45
This C.A. is filed under Rules 6 & 9 of the Companies
(Court) Rules, 1959, praying to call for records in
Co.P.No.154/2002 and direct the respondent to release all the
terminal benefits to the petitioners in terms of the final settlement
scheme 2016 and also pay backwages and other consequential
benefits along with interest from 21.06.2000 as extended to other
120 employees as per the order passed in C.A.No.278/2016 dated
15.07.2016 & Etc.,
These Company Applications coming on for Orders this day,
the Court made the following:-
ORDER
Sri.R.V.S.Naik, Adv. for German Company (EHG) Smt.Revathi Adinath Narde, Adv. for OL Sri.Anandeeshwara, HCGP for State Sri.Saji P.John, Adv. for KSIIDC Sri.S.Rajesh, Adv. for NEGF Ex-Employees Welfare Association, Sri.K.V.Narasimhan, Adv. for BBMP Sri.Vishwanath R.Hegde, Adv. & others for Ex-Workmen (As per cause title above)
1. The Company Applications on Board today, before this Court are against the Company M/s.NGEF Ltd., (in liquidation).
2. This Court on 22.06.2017 allowing C.A.No.184/15 in Co.P.No.154/2002 on the application filed by the State Government has already Date of Order 06.07.2017 C.A.No.700/2016 & Connected Company Applications EHG Elektroholding Gmbh & Others vs. NGEF Limited (in liquidation) & Others 37/45 stayed the Winding up process permanently under Section 466 of the Companies Act, 1956 and the relevant portion of the said order dated 22.06.2017 is quoted below for ready reference:-
" 33. The legal position therefore which emerges is, that there is no prohibition or restraint on the Company Court to recall the winding up order if the facts and circumstances requiring such a recall are established by any of the applicants, be it Official Liquidator or a Creditor or a contributory or a share holder. Here, the applicant is the majority share holder, viz. the State of Karnataka itself and this Court is not only satisfied but records its happiness for a Government Company seeking to come out of the process of winding up by this Court and for removing the impediment on the user of the assets of the Company, the big chunk of land for public purposes and for that purpose seeking its revival. The revival of Company does not necessarily mean revival and restoring of the usual manufacturing or the business activity. It is a broader term including therein, the best utilization of its assets including the vacant land.
Date of Order 06.07.2017 C.A.No.700/2016 & Connected Company Applications EHG Elektroholding Gmbh & Others vs. NGEF Limited (in liquidation) & Others 38/45
34. In other words, even by a permanent stay of winding up process under Section 466 of the Act at this stage, Section 466 of the Act provides for a platform to the Company Court to not only permanently or temporarily suspend the winding up process but to permit the Company to revive either its running business to utilize its assets which are free from the charge of the creditors and workers' liability or are likely to be free from it charge soon, if the Company has made adequate arrangements for the same.
35. This Court is conscious of the fact that a big chunk of Government land which is presently in the custodia legis of the Official Liquidator if not properly safeguarded and utilized for the pressing public needs on the other hand may lead to even encroachments by unauthorized people on such public land, further engulfing the Government and the public authorities in a chain of litigations. Therefore, it is always appropriate and suitable if the idle immovable property of the Government Company like big chunk of land, as is available in the present case, is best utilized for the larger public interest and therefore this Court does not see any impediment or valid objection against such revival of the Company and restoring the assets of the Date of Order 06.07.2017 C.A.No.700/2016 & Connected Company Applications EHG Elektroholding Gmbh & Others vs. NGEF Limited (in liquidation) & Others 39/45 Company to its Management under the provisions of the Companies Act, while staying the winding up process permanently at this stage subject to the compliance of the solemn Undertaking given by the State before this Court. It has already been noted above that none of the creditors, secured or unsecured or Official Liquidator have put forth any objection before this Court, except a minuscule number of workmen and the minority share holder, the German Company. As discussed above, the objection of the German Company has no merit.
36. As far as a few of the workmen are concerned, the learned counsel for the workmen also fairly submitted that such workmen whose dues have so far not been settled because of litigation by them or otherwise, they should be given an opportunity to place their claim before the concerned Nodal Agency viz. KSIIDC or the Management of the Company itself when a proper Board of Directors is reconstituted by this Company or the State of Karnataka.
37. The learned senior counsel appearing for the Applicant State of Karnataka has fairly agreed to this submission and accordingly the remaining workmen whose claims are still pending, along with their relevant evidence, can approach either the said Nodal Agency, KSIIDC or Date of Order 06.07.2017 C.A.No.700/2016 & Connected Company Applications EHG Elektroholding Gmbh & Others vs. NGEF Limited (in liquidation) & Others 40/45 upon transfer of assets to the Management of the Company by the Official Liquidator to the duly constituted Board of Directors, whenever such assets and Management are handed over back to the Board of Directors of the Company.
38. The aforesaid undertaking of the learned Senior counsel for the Applicant - State of Karnataka to utilize the land of 119.665 acres only for public purposes in the form of infrastructure development etc. only would include the following and therefore this Court also directs and enjoins upon the State to undertake thick afforestation and Tree Plantation work on the said land which will maintain the ecological balance and provide additional lung capacity and fresh air to the otherwise dying Garden City of Bengaluru.
With its first quarterly report, State shall submit the details of the total number of existing trees on the said land of 119.665 Acres of land, with types of the trees and the site photographs of the entire area covered in different photographs taken zone-wise and its plan to undertake the plantation work in phased manner in future as well.
39. In view of the aforesaid, Company Application No.184/2015 is allowed and the Date of Order 06.07.2017 C.A.No.700/2016 & Connected Company Applications EHG Elektroholding Gmbh & Others vs. NGEF Limited (in liquidation) & Others 41/45 winding up order dated 03/08/2004 passed by a co-ordinate bench of this Court is stayed or sisted and kept in suspension sine-die and the recommendation of the BIFR dated 02/08/2002 forwarded to this Court for winding up of the Company is also stayed permanently subject to the further orders of this Court.
40. The Official Liquidator may now take steps to handover the assets and records of the Company with the Status Report as soon as he is informed about the constitution of the Board of Directors by the Applicant - State of Karnataka, with the approval of this Court.
41. This Court would remain in de jure seisin of the assets of the Company and monitor the implementation of aforesaid Undertaking of the applicant - State, which forms the basis of this order of stay of the winding up of NGEF Limited and as undertaken by the learned Senior Counsel for the Applicant - State of Karnataka also, and fairly so, the Applicant - State of Karnataka will submit the Quarterly Reports of the implementation and progress of the utilization of the land and other assets of the Company for the public purpose as undertaken before this Court and as indicated in the aforementioned paragraph No.38.
Date of Order 06.07.2017 C.A.No.700/2016 & Connected Company Applications EHG Elektroholding Gmbh & Others vs. NGEF Limited (in liquidation) & Others 42/45
42. It is needless to say, that if the State goes back on its aforesaid Undertaking and assurance to utilize the said land for the public purposes with due approval of this Court only in the aforesaid manner, this Court may even recall or modify this order either suo motu or on appropriate application with the relevant evidence.
43. It is also made clear that once the aforesaid process of revival of the Company in the form of utilization of the assets of the Company in the public interest is completed under the supervision of this Court as indicated above, the winding up order itself may be recalled by the Court lateron.
44. The said Quarterly Reports may be placed before the Company Judge along with the main Company Petition No.154/2002 and the record of the present Company Application No.184/2015, for perusal and needful approvals by this Court from time to time, after the end of every quarter, the first Report to be placed in the month of September 2017.
45. The State Government shall appoint a Nodal Officer immediately of the level of a Principal Secretary to the Government to submit the aforesaid Quarterly Reports through him and Date of Order 06.07.2017 C.A.No.700/2016 & Connected Company Applications EHG Elektroholding Gmbh & Others vs. NGEF Limited (in liquidation) & Others 43/45 who will assist the Court in monitoring the approvals and the implementation of the aforesaid Undertaking of the State to utilize the said land of 119.665 acres only for public projects and plantation work. Each of the project proposed by State Government for development of infrastructure or other public projects in larger public interest will be separately placed before the Court and without the specific approval of this Court, the said utilization of land and other assets for such public purposes shall not be undertaken by the applicant - State Government.
46. The applicant - State Government shall publish the substance of the said Undertaking of State and directions given in this order in the leading Daily Newspapers in English, Kannada and Hindi languages published in the State of Karnataka within a period of one month from today, for the information of the public at large for whose benefit the aforesaid order and directions have been passed by this Court.
3. In view of the aforesaid order, which safeguard the rights of the Ex-workmen of the said Company and their outstanding claims also to be determined by the Nodal Agency namely, KSIIDC or Management of the Date of Order 06.07.2017 C.A.No.700/2016 & Connected Company Applications EHG Elektroholding Gmbh & Others vs. NGEF Limited (in liquidation) & Others 44/45 company itself giving liberty to such workmen to approach the Nodal Agency, the present Company Applications on Board today, most of which are filed by the Ex-workmen of the Company also stand disposed of, in the light of the aforesaid order passed by this Court on 22.06.2017 in C.A.No.184/2015, filed by the State.
4. In view of the aforesaid detailed order dated 22.06.2017 passed by this Court in C.A.No.184/2015, the proceedings of all other Company Applications also accordingly shall abide by the aforesaid order passed by this Court on 22.06.2017 and further orders passed in implementation of the said Undertaking of the Government of Karnataka given in the aforesaid C.A.No.184/15 and no separate orders are required to be passed in these Company Applications.
Date of Order 06.07.2017 C.A.No.700/2016 & Connected Company Applications EHG Elektroholding Gmbh & Others vs. NGEF Limited (in liquidation) & Others 45/45
5. Therefore, these company applications stand disposed of and shall be consigned to the record by the office.
Sd/-
JUDGE Srl.