Government Of Karnataka vs Ngef Limited (In Liquidation) on 2 March, 2017

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Karnataka High Court

Government Of Karnataka vs Ngef Limited (In Liquidation) on 2 March, 2017

Bench: Raghvendra S. Chauhan

                                1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 02ND DAY OF MARCH, 2017

                              BEFORE

THE HON'BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN

          COMPANY APPLICATION NO.26/2017
                        IN
           COMPANY PETITION NO.154/2002


BETWEEN:

GOVERNMENT OF KARNATAKA
SECRETARIAT, VIDHANA SOUDHA,
BENGALURU-560001,
REPRESENTED BY
KARNATAKA STATE INDUSTRIAL AND INFRASTRUCTURE
DEVELOPMENT CORPORATION (KSIIDC),
KHANIJA BHAVAN 49, 4TH FLOOR,
EAST WING, RACE COURSE ROAD,
BENGALURU-560001.                      ...APPLICANT

(BY SRI SAJI P. JOHN, ADV.)

AND:

1.     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-560001.

2.     M. GOPAL
       S/O. LATE MUNINAGAPPA, MAJOR
       RESIDING AT #413, 13TH MAIN,
       14TH CROSS, LAKKASANDRA,
                                 2


      BENGALURU-560030.                         ...RESPONDENTS

(BY SRI K. S. MAHADEVAN, ADV. FOR R-1
    OFFICIAL LIQUIDATOR)

      THIS COMPANY APPLICATION IS FILED UNDER RULE 6
AND 9 OF THE COMPANIES (COURT) RULES, 1959, PRAYING
TO ACCEPT THE REVISED CALCULATION AND TO DIRECT THE
RESPONDENT NO.1 TO PAY AN ADDITIONAL AMOUNT OF
RS.7,80,115/- TO THE RESPONDENT NO.2 IN ADDITION TO THE
ORIGINAL AMOUNT OF RS.11,61,723/- PAYABLE AS APPROVED BY
THIS COURT VIDE ITS ORDER DATED 15.7.2016 IN CA 278/2016
IN COP 154/2002.

      THIS COMPANY APPLICATION IS COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

An application, namely C.A.26/2017 has been filed for seeking directions to the respondent Official Liquidator to pay an additional amount of Rs.7,80,115/- to Mr. Gopal, respondent No.2, in addition to the original amount of Rs.11,61,723/- payable as approved by this Court by order dated 15.07.2016 in C.A.No.278/2016 in COP No.154/2002.

2. Mr. Saji P. John, the learned counsel for applicant submits that by order dated 15.07.2016, this Court had directed that an amount of Rs.22,46,71,526/- should be transferred by the Official Liquidator to a separate account for 3 payment of its award to 120 workmen. However, subsequently, it has been discovered that due to certain lacunae, an additional amount of Rs.7,80,115/- needs to be paid to Mr. Gopal, respondent No.2. Therefore, the present application for releasing of the said amount by the Official Liquidator to the respondent No.2.

3. The learned Official Liquidator has no objection if the directions were to be issued to him to pay an additional amount of Rs.7,80,115/-. Therefore, this Court directs the Official Liquidator to pay the said amount, in addition to the amount of Rs.11,61,723/-, to the respondent No.2 within a period of three weeks from receiving the certified copy of this order.

4. The application is hereby allowed.

Sd/-

JUDGE Np/-

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