Karnataka High Court
Mr K.H Narendra Babu vs M/S Kishandas Jethanand on 21 August, 2014
Author: A.S.Bopanna
Bench: A.S. Bopanna
1
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 21ST DAY OF AUGUST 2014
BEFORE
THE HON'BLE MR.JUSTICE A.S. BOPANNA
COMPANY APPLICATION NOS.1106/2014,
1105/2014 & 1107/2014
IN
COMPANY PETITION NO.157 OF 2012
AND
COMPANY PETITION NO.157 OF 2012
C.A.NOS.1106, 1105 & 1107 OF 2014:
BETWEEN:
Mr.K.H.Narendra Babu
S/o K.A.Haridas
Major
Managing Director
M/s.South India Spirits Company (Private) Ltd
Plot No.26B, 1st Main Road, KIADB
Industrial Area, Malur
Kolar District - 563 130
Karnataka.
...APPLICANT
(COMMON)
(By Sri.Deepak, Advocate)
AND:
1. M/s.Kishandas Jethanand
A partnership Firm
Having its office at No.134-138
Sadar Patrappa (S.P) Road
Bangalore - 560 002.
2
2. The Official Liquidator of
M/s.South India Spirits Company (Private) Ltd
12th Floor, Raheja Towers
M.G.Road, Bangalore - 560 001.
3. Mr.K.H.Hemanth Kumar
S/o K.A.Haridas, Major
C/o Plot No.26B, 1st Main Road, KIADB
Industrial Area, Malur
Kolar District - 563 130
Karnataka.
4. Mr.K.H.Kanaka Prasimha
S/o K.A.Haridas
Major
C/o Plot No.26B, 1st Main Road, KIADB
Industrial Area, Malur
Kolar District - 563 130
Karnataka.
5. Mr.K.A.Haridas
S/o K.M.Anjaneyappa
Major,
Nos.3 to 5 are the Ex Directors of
M/s.South India Spirits company (Private) Ltd.,
C/o Plot No.26B, 1st Main Road, KIADB
Industrial Area, Malur
Kolar District - 563 130
Karnataka.
...RESPONDENTS
(COMMON)
(By Sri.K.S.Mahadevan, Advocate for Official Liquidator)
C.A.No.1106/2014 is filed under Section 5 of the
Limitation Act read with Rule 6 and 9 of the Companies
(Court) Rules, 1959, praying to condone the delay of
3
100 days in filing the Application for recalling the order
dated 07.02.2014 in the Company Petition
No.157/2012.
C.A.No.1105/2014 is filed under Rule 6 and 9 of
the Companies (Court) Rules, 1959 praying to recall the
order dated 07.02.2014 in the Company Petition
No.157/2012 and restore the company on the file of
Registrar of Companies.
CA No.1107/2014 is filed under Rule 6 and 9 of
the Companies (Court) Rules, 1959 praying for stay of
the operation of the order dated 07.02.2014 in COP
No.157 of 2012 till the disposal of the Application filed
for recalling of the said order.
COP NO.157/2012
BETWEEN:
M/s.Kishandas Jethanand
A registered partnership firm
Having office at No.134-138
Sadar Patrappa (S.P) Road
Bangalore - 560 002
Represented by its partner
Mr.Mahesh K Chawla
... PETITIONER
(By Sri.K.S.Chandrahasa, Advocate)
AND:
1. M/s.South India Spirits Company (Private) Ltd.
111, Classic Business Centre
14/1, MG Road, Bangalore - 560 001
And having a factory at
Plot No.26B, 1st Main Road
KIADB, Industrial Area
Malur, Kolar District 563 130
4
Karnataka
Represented by its managing director
K.H.Narendra Babu
2. Mr.K.H.Narendra Babu
S/o K.A.Haridas
Major
Managing Director
M/s.South India Spirits Company
(Private) Ltd.,
Plot No.26B, 1st Main Road, KIADB
Industrial Area, Malur
Kolar District 563 130
Karnataka.
3. Mr.K.H.Hemanth Kumar
S/o K.A.Haridas
Major
4. Mr.K.H.Kanaka Prasimha
S/o K.A.Haridas
Major
5. Mr.K.A.Haridas
S/o K.M.Anjaneyappa
Major
No.3 to 5 are the Directors of
M/s.South India Spirits Company
(Private) Ltd.,
Plot No.26B, 1st Main Road, KIADB
Industrial Area, Malur
Kolar District 563 130
Karnataka.
...RESPONDENTS
(By Sri K.S.Mahadevan, Advocate for OL.)
---
5
This petition is filed under Section 433 [e] r/w
Section 434 & 439 of the Companies Act, 1956 praying
to wind up M/s.South India Spirits Company (Private)
Ltd., having its office at No.111, Classic Business
Centre 14/1, M.G.Road, Bangalore - 560 001 and 41 &
1, 1st Floor, 12th Main, RMV Extension,
Sadashivanagar, Bangalore - 560 080 and also is
having a Factory at Plot No.26B, 1st Main Road, KIADB,
Industrial Area, Malur Kolar District - 563 130,
Karnataka, the respondent No.1 herein by an order
under the provisions of Companies Act, 1956 and etc.,
These Company Applications and Company
Petition coming on for Orders, this day, the Court made
the following:
ORDER
This Court by order dated 07.02.2014 had allowed the petition in COP No.157/2012 and had directed that the same be wound up. The publication of the order was also ordered. Despite the publication in the newspaper, no other creditor has approached this Court supporting the winding up of the petitioner-company. In such circumstances, on considering the reasons indicated in the application seeking condonation of delay, the same is accepted. Delay is condoned. C.A.No.1106/2014 is allowed. Consequent thereto, for the very same reasons, C.A.No.1105/2014 is allowed. 6 The order dated 07.02.2014 is recalled. The petition in COP No.157/2012 is ordered to be restored.
2. On restoration of the company petition that insofar as the claim as made by the petitioner therein, the respondent-company has settled the same and to that extent, a memo has also been filed by the petitioner. Hence, the petition is also disposed of as settled between the parties.
In view of the above order, since no further proceeding is necessary, the deposit of Rs.25,000/- said to have been made by the petitioner before the Official Liquidator shall be refunded to the petitioner.
Though the Official Liquidator objects to the refund of the amount, the objection is over ruled and direction is issued to refund the amount by deducting, if any actual expenses, have been incurred by the Official Liquidator.
7
In view of disposal of the company petition, CA 1107/2014 for stay does not survive for consideration and is, accordingly dismissed.
Sd/-
JUDGE Prs*