Karnataka High Court
S. Basavaraj Dead By Lrs vs The Official Liquidator The Mysore ... on 27 June, 2013
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA
AT BANGALORE
DATED THIS THE 27TH DAY OF JUNE, 2013
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
C.A.NOs.1097/2013, 1098/2013, 1113/2013 &
1114/2013
In
CO.P.NO.166/2001
C.A.No.1097/2013:
BETWEEN:
S.Basavaraj
Dead by LR's
Smt.Manjula
W/o late S.Basavaraj
House No.4000/5A,
12th Cross, 2nd Main,
Vinobanagara,
Davangere ..Applicant
(By Sri.Mallikarjuna G. Contractor, Advocate)
AND:
The Official Liquidator
The Mysore Kirloskar Ltd.,
(in liquidation)
Raheja Towers, 12th Floor,
M.G.Road,
Bangalore. ..Respondent
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(By Sri.K.S.Mahadevan, Advocate)
This C.A. is filed under Rule 6 & 9 of Companies
(Court) Rules 1956 praying to issue directions to the
official liquidator to accept indemnity bond instead of
succession certificate at the time of issuing cheque.
C.A.No.1098/2013:
BETWEEN:
T.Mohan
Dead by LR's
Smt.Leelavathi
W/o late T.Mohan
Aged about 49 years,
R/o: Behind Kalamma Temple
Virakthamata Street,
Harihar - 577 601 ..Applicant
(By Sri.Mallikarjuna G. Contractor, Advocate)
AND:
The Official Liquidator
The Mysore Kirloskar Ltd.,
(in liquidation)
Raheja Towers, 12th Floor,
M.G.Road,
Bangalore. ..Respondent
(By Sri.K.S.Mahadevan, Advocate)
This C.A. is filed under Rule 6 & 9 of Companies
(Court) Rules 1956 praying to issue directions to the
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official liquidator to accept indemnity bond instead of
succession certificate at the time of issuing cheque.
C.A.No.1113/2013:
BETWEEN:
Ashok Hirehalli
S/o Shankar Hirehalli,
Dead by LR's
1. Smt.Lakshmibai
W/o late Ashok Hirehalli
Aged about 49 years,
2. Deepak Ashok Hirehalli
S/o late Ashok Hirehalli
Aged about 30 years,
3. Tanuja
D/o late Ashok Hirehalli
Aged about 32 years,
All are R/o Bankapur Chowk,
Patil Galli, Hubli. ..Applicants
(By Sri.Mallikarjuna G. Contractor, Advocate)
AND:
The Official Liquidator
The Mysore Kirloskar Ltd.,
(in liquidation)
Raheja Towers, 12th Floor,
M.G.Road,
Bangalore. ..Respondent
(By Sri.K.S.Mahadevan, Advocate)
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This C.A. is filed under Rule 6 & 9 of Companies
(Court) Rules 1956 praying to issue directions to the
official liquidator to accept indemnity bond instead of
succession certificate at the time of issuing cheque.
C.A.No.1114/2013:
BETWEEN:
B.C.Siddappa
S/o Channaveerappa
Dead by LRs
1. Smt.Meenakshamma
W/o late B.C.Siddappa
Aged about 54 years,
2. Sharadamma
D/o late B.C.Siddappa
Aged about 45 years,
3. S.T.Manjunatha
S/o late B.C.Siddappa
Aged about 43 years,
4. C.T.Nagaraja
S/o late B.C.Siddappa
Aged about 41 years,
5. B.Jayappa
S/o late B.C.Siddappa
Aged about 39 years,
6. S.T.Veeresh
S/o late B.C.Siddappa
Aged about 37 years,
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All are R/o Old Harlapura,
Guttur Post, Harihar Taluk,
Davangere District. ..Applicants
(By Sri.Mallikarjuna G. Contractor, Advocate)
AND:
The Official Liquidator
The Mysore Kirloskar Ltd.,
(in liquidation)
Raheja Towers, 12th Floor,
M.G.Road,
Bangalore. ..Respondent
(By Sri.K.S.Mahadevan, Advocate)
This C.A. is filed under Rule 6 & 9 of Companies
(Court) Rules 1956 praying to issue directions to the
official liquidator to accept indemnity bond instead of
succession certificate at the time of issuing cheque.
These company applications coming for orders
this day, the court made the following:
ORDER
In these applications, applicants are seeking for a direction to the official liquidator to issue the cheque by accepting the indemnity bond instead of insisting for furnishing succession certificate.
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2. Having heard learned advocates appearing for the parties and on perusal of the records it is noticed that this court in similar circumstances i.e., C.A.1825- 28/2000 and other cases disposed of on 16.11.2000 had issued direction to the official liquidator to disburse the amount to the applicant on production of survivorship certificate and on execution of indemnity bond by all the legal heirs of the deceased employee. Following the said order this court had disposed of C.A.192/2013 directing the official liquidator to accept the indemnity bond and survivorship certificate at the time of issuing the cheque relating to the claim of deceased employee who was stated to be working in the company under liquidation. Applicants therein along with other legal heirs of deceased employee were directed to execute the indemnity bond in favour of official liquidator.
3. Applicants herein are similarly placed and I do not find any impediment for similar directions being 7 issued in the present applications also. Hence, applications are hereby allowed and applicants are directed to produce the original survivorship certificate before the official liquidator within an outer limit of six weeks and all the legal heirs of the deceased employee including applicant herein shall execute an indemnity bond in favour of official liquidator. They shall also give their consent if so desired for the cheque being issued in favour of the applicant herein and official liquidator on production of said survivorship certificate/indemnity bond shall issue the cheque in favour of the applicant, who shall furnish the requisite mandatory form to enable the official liquidator to transfer the amount to the account of the applicant. Ordered accordingly.
Sd/-
JUDGE SBN