Schenker India Private Limited vs Sun & Ski Exports Private Limited on 27 May, 2013

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Karnataka High Court

Schenker India Private Limited vs Sun & Ski Exports Private Limited on 27 May, 2013

Bench: Aravind Kumar

                            1


IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 27TH DAY OF MAY, 2013

                       BEFORE

    THE HON'BLE MR.JUSTICE ARAVIND KUMAR

                  C.A.NO. 477/2013
                          In
                  C.O.P NO.153/2012
BETWEEN:
Schenker India Private Limited,
A company incorporated under the Companies
Act, 1956 having its Registered Office at 93-94
Kapashera, New Delhi-110 037
It's Branch office at No.101, Touch Down,
1st Floor, No.1&2, HAL Industries Area,
Airport Road, Bangalore-560 037
Represented by its authorized person
T.N.Sridhar, Manager Credit Control        ....Applicant

(By Sri. L.K.Srinivasamurthy, M/s Law Associates,
Advocates)
AND:

Sun & Ski Exports Private Limited,
A company incorporated under the provisions
Of the Companies Act, 1956 having its
Registered Office and its Factory at No.104/2A
Tavarekere Main Road,
Tavarekere, Bangalore-560 029
Represented by its Managing Director.      ..Respondent


      This C.A is filed under Order V Rule 20 of the
C.P.C, 1908 read with section 151 thereof read with
section 433(e), 434 (i) (a) and 439 (i) (b) of the of
                                    2


Companies Act 1956 and Rule-95 of the Companies
Court Rules 1959 praying to order for service of
summons on the Respondent/Opponent by substituted
service-by way of paper publication and pass such other
orders.

    This C.A coming for orders this day, the court
made the following:

                         ORDER

Learned counsel for petitioner has filed an application seeking for issuance of notice to respondent by substituted service namely through paper publication in the newspaper "Times of India".

2. Accepting the reasons assigned in the affidavit accompanying the application, petitioner is permitted to take out notice to respondent in the newspaper "Times of India". Accordingly, C.A. No.477/2013 is hereby allowed

3. Registry to issue draft paper publication forthwith by notifying the hearing date as 15.07.2013. 3 Petitioner to get the notice published atleast 10 days prior to the date of hearing.

List this matter on 15.07.2013.

Sd/-

JUDGE DR

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