Karnataka High Court
Sri. Venkatappa Lakshminarayan ... vs M/S Nirman Shelters (Bangalore) ... on 4 March, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:9023
WP No. 6900 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 6900 OF 2024 (GM-RES)
BETWEEN:
SRI. VENKATAPPA LAKSHMINARAYAN BHARATH RAJ
AGED ABOUT 49 YEARS
SON OF SRI VENKATAPPA LAKSHMINARAYAN
MANAGING DIRECTOR OF
M/S NIRMAN SHELTERS (BANGALORE)
PRIVATE LIMTIED
R/AT NO.285, 2ND MAIN ROAD,
BENGALURU SOUTH
BENGALURU - 560078
EMAIL ID: [email protected]
...PETITIONER
(BY SRI. VIVEKANANDA S., ADVOCATE)
AND:
1. M/S NIRMAN SHELTERS (BANGALORE)
PRIVATE LIMITED
Digitally signed by CIN: U85110KA1995PTC017321
NAGAVENI COMPANY INCORPORATED UNDER
Location: HIGH THE COMPANIES ACT, 1956
COURT OF REGISTERED OFICE AT NO.45A-NN
KARNATAKA NISARGA LAYOUT, NEAR KOPPA GATE
BANNERGHATTA-ANEKAL ROAD
OPP. CORPORATION BANK
BANGALOE 560083
REP. BY SECRETARY
2. SRI VENKATAPAP LAKSHMINARAYAN
AGED ABOUT 77 YEARS
DIRECTOR AND SHAREHOLDER OF
RESPONDENT NO.01
RESIDING AT NO.48, 7TH CROSS
I BLOCK JAYANAGARA
BENGALURU - 560011
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NC: 2024:KHC:9023
WP No. 6900 of 2024
3. SHIVAYYA MAHABALAYYA PATIL
AGED ABOUT 86 YEARS
DIRECTOR OF RESPONDENT NO.01
RESIDENT AT SHANTINIKETHANA HEBBALA
H.A. FARM, KEMPAPURA
BENGALURU - 560024
4. SRI THEJAVATHI VIJAYALAKSHMI NARAYAN
AGED ABOUT 52 YEARS
RESIDING AT FLAT NO.702
MARATT PIMENTO
BANNERGHATTA ROAD
J P NAGAR 4TH PHSE
BENGALURU SOUTH - 560076
5. SRI R MOHAN
AGED ABOUT 54 YEARS
STATUTORY AUDITOR OF RESPONDENT NO.01
HAVING OFFICE AT FF-B AND SF-B
SHIVA ENCLAVE,
NO.11, NAIDU LAYOUT
SANJAY NAGAR
BENGALURU - 560094
...RESPONDENTS
(BY SRI. A MURALI, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO-DIRECT THE NATIONAL
COMPANY LAW TRIBUNAL, BENGALURU TO HEAR AND ADJUDICATE
THE COMPANY PETITION BEARING DIARY NO.389/2024 AS
EXPEDITIOUSLY AS POSSIBLE AND UNTIL THEN RESTRAIN THE
RESPONDENTS FROM HOLDING THE EXTRA ORDINARY GENERAL
MEETING DTD 05.03.2024 OR GIVING EFFECT TO THE RESOLUTION
PASSED THEREIN IN THE SAID EXTRA-ORDINARY GENERAL
MEETING AS PER THE ANNX-N AND N1 DTD 14.02.2024 AND
15.02.2024.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 6900 of 2024
ORDER
The petitioner is before this Court seeking the following prayer:
"i. Pass a Writ of Mandamus or such other appropriate Writ directing the National Company Law Tribunal, Bengaluru to hear and adjudicate the Company Petition baring Diary No.389/2024 as expeditiously as possible; and until then restrain the Respondents from holding the Extra Ordinary General Meeting dated 05.03.2024, or giving effect to the resolution passed therein in the said Extra-ordinary General Meting; and as per Annexure - N and N1 dated 14-02-2024 and 15-02-2024 ii. Pass such other and further reliefs as this Hon'ble Court deems fit, in the facts and circumstances of the above case, in the interest of justice and equity."
2. Heard the learned counsel Sri.Vivekananda S., appearing for the petitioner and the learned counsel Sri.A.Murali, appearing for the respondents.
3. The reason for the petitioner to knock at the doors of this Court is that the National Company Law Tribunal (for short 'NCLT') is not taking up these matters, as and when they are listed. Therefore, he is seeking stalling of the Extraordinary General Meeting to be held tomorrow i.e., 05.03.2024. -4-
NC: 2024:KHC:9023 WP No. 6900 of 2024
4. The reason on which the interim order is sought on the face of it is untenable. If the proceedings are pending before the NCLT of any kind between the parties, any further proceedings that would take place pursuant to the filing of the petition before the NCLT, would remain subject to the result of the proceedings before the NCLT.
5. The Extraordinary General Meeting that is held tomorrow i.e., 05.03.2024 also would remain subject to the result of the petition.
With the aforesaid observations, the writ petition stands disposed.
Sd/-
JUDGE KG List No.: 4 Sl No.: 2