Karnataka High Court
Sri V Rajkumar Manickavelu vs The Official Liquidator on 21 October, 2016
Author: Vineet Kothari
Bench: Vineet Kothari
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2016
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
COMPANY APPLICATION No.942 OF 2015
IN
COMPANY PETITION No.8 OF 1965
BETWEEN
SRI V RAJKUMAR MANICKAVELU
S/O SRI SUNDARA MURTHY,
AGED ABOUT 82 YEARS,
R/O 577, 6TH CROSS,
10TH MAIN, H A L. III STAGE,
BENGALURU-560075 ...APPLICANT
(BY SRI RAGHAVENDRA RAO K, ADVOCATE)
AND
THE OFFICIAL LIQUIDATOR
ATTACHED TO
HIGH COURT OF KARNATAKA
IN THE MATTER OF MAHALAKSHMI
WOOLEN AND SILKS MILLS LTD
12TH FLOOR, RAHEZA TOWERS
M.G.ROAD, BENGALURU.
...RESPONDENT
(BY SRI V JAYARAM, ADVOCATE FOR OL)
THIS COMPANY APPLICATION IS FILED UNDER SECTION
451 OF COMPANIES ACT, 1956, READ WITH RULES 6 AND 9 OF
COMPANY (COURT) RULES, 1959, PRAYING TO APPOINT SRI
KARTHIK MANICKAVELU S/O SRI RAJKUMAR MANICKAVELU, AS
AN ADDITIONAL TRUSTEE ALONG WITH THE APPLICANT
Date of order : 21.10.2016 in
C.A.No.942/2015 IN Co.P. No.8/1965
Sri.V.Rajkumar Manickavelu vs.
The Official Liquidator
2/4
DURING THE LIFETIME OF THE APPLICANT AND THEREAFTER AS
THE SOLE TRUSTEE TO THE "MANICKAVELU TRUST", A TRUST
WHICH HAS COME INTO EXISTENCE ON 17TH FEBRUARY, 1983
WHICH HAS BEEN PRODUCED AS ANNEXURE-B ETC.
THIS APPLICATION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Mr. Raghavendra Rao K, Adv. for Applicant. Mr. V Jayaram, Adv. for Official Liquidator.
1. In view of the dissolution order passed by the Company Judge in the present case in respect of the Company namely M/s. Mahalakshmi Woollen and Silk Mills Limited on 03.02.2000 in Company Application No.134/2000 in Company Petition No.8/1965 re.(M/s. Mahalakshmi Wollen and Silk Mills Company Limited), this Court is of the opinion that no orders are required to be passed in the present Company Application No.942/2015 in Company Petition No.8/1965 filed by one Mr.V.Rajkumar Manickavelu S/o Sundara Murthy, seeking appointment of a Trustee in terms of Clause(9) of the Deed of Trust executed on 17.02.1983, when this Date of order : 21.10.2016 in C.A.No.942/2015 IN Co.P. No.8/1965 Sri.V.Rajkumar Manickavelu vs. The Official Liquidator 3/4 Company was still in-liquidation and no final dissolution order was passed by this Court.
2. By this application, the applicant has submitted before this Court that the Court may approve the appointment of Sri Karthik Manickavelu S/o Sri Rajkumar Manickavelu to be appointed as an additional Trustee along with the applicant, due to his advanced age.
3. However, this Court is of the opinion that once the dissolution order is passed, there is no lis pending before this Court in respect of this Company so as to require any approval of such appointment of an additional Trustee. The Trust created is of course bound to be governed by the relevant provisions of the Indian Trust Act, 1882. The applicant is at liberty to move the appropriate authority under that law and the concerned authority shall pass orders in accordance with law, if the Trust is once registered under that Act.
Date of order : 21.10.2016 in C.A.No.942/2015 IN Co.P. No.8/1965 Sri.V.Rajkumar Manickavelu vs. The Official Liquidator 4/4 With the above observations, the Company Application is disposed of, without passing any order on merits.
Sd/-
JUDGE TL