Karnataka High Court
M/S Sky High Fashions Pvt Ltd vs M/S Supra Kraft Fact on 13 December, 2012
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 13TH DAY OF DECEMBER, 2012
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
COMPANY APPLICATION NOS.1217/2012, 1218/2012 &
1219/2012
IN
COMPANY PETITION NO.203 OF 2009
CA NO.1217/2012
BETWEEN
M/S.SKY HIGH FASHIONS PVT. LTD.,
REP. BY ITS MANAGING DIRECTOR
MR.SUNIL KUMAR SAROGI,
NO.53, 2ND FLOOR,
COMMERCIAL STREET,
BANGALORE-560 001.
... APPLICANT
(BY SHRI S.R.HEGDE HUDLAMANE, ADV.)
AND
1. M/S.SUPRA KRAFT FACT
REPRESENTED BY ITS PROPRIETOR
MR.PRASAD S.L.N.
NO.70, VISHWANEEDUM POST,
GOLLARAHATTI, BANGALORE.
2. THE OFFICIAL LIQUIDATOR
HIGH COURT OF KARNATAKA
CORPORATE BHAVAN,
NO.26-27, 12TH FLOOR,
2
RAHEJA TOWER,
M.G.ROAD,
BANGALORE-560 001.
... RESPONDENTS
(BY SHRI K.S.MAHADEVAN & V.JAYARAM, ADVS. FOR OL
SHRI A.FEROZ NIZAM, ADV.)
THIS COMPANY APPLICATION IS FILED UNDER RULE 6 & 9
OF THE COMPANIES [COURT] RULES 1959, PRAYING TO STAY
THE ORDER OF WINDING UP OF THE APPLICANT/PETITIONER
DATED 20.03.2012 AND ALL FURTHER PROCEEDINGS THERETO
TILL SUCH TIME THE APPLICATION OF THE
APPLICANT/PETITIONER FOR RECALLING THE WINDING UP
ORDER IS DISPOSED OFF ON MERITS IN CO.P 203/2009 IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.,
CA NO.1218/2012
BETWEEN
M/S.SKY HIGH FASHIONS PVT. LTD.,
REP. BY ITS MANAGING DIRECTOR
MR.SUNIL KUMAR SAROGI,
NO.53, 2ND FLOOR,
COMMERCIAL STREET,
BANGALORE-560 001.
... APPLICANT
(BY SHRI S.R.HEGDE HUDLAMANE, ADV.)
AND
1. M/S.SUPRA KRAFT FACT
REPRESENTED BY ITS PROPRIETOR
MR.PRASAD S.L.N.
NO.70, VISHWANEEDUM POST,
GOLLARAHATTI, BANGALORE.
3
2. THE OFFICIAL LIQUIDATOR
HIGH COURT OF KARNATAKA
CORPORATE BHAVAN,
NO.26-27, 12TH FLOOR,
RAHEJA TOWER,
M.G.ROAD,
BANGALORE-560 001.
... RESPONDENTS
(BY SHRI K.S.MAHADEVAN & V.JAYARAM, ADVS. FOR OL
SHRI A.FEROZ NIZAM, ADV.)
THIS COMPANY APPLICATION IS FILED UNDER SECTION 5
OF THE LIMITATION ACT, 1963, R/W RULE 6 & 9 OF THE
COMPANIES [COURT] RULED 1959, PRAYING TO CONDONE THE
DELAY OF 159 DAYS IN FILING THE APPLICATION FOR RECALL
OF THE WINDING UP ORDER DATED 20.03.2012 IN CO.P
NO.203/2009 IN THE INTEREST OF JUSTICE AND EQUITY AND
ETC.,
CA NO.1219/2012
M/S.SKY HIGH FASHIONS PVT. LTD.,
REP. BY ITS MANAGING DIRECTOR
MR.SUNIL KUMAR SAROGI,
NO.53, 2ND FLOOR,
COMMERCIAL STREET,
BANGALORE-560 001.
... APPLICANT
(BY SHRI S.R.HEGDE HUDLAMANE, ADV.)
AND
1. M/S.SUPRA KRAFT FACT
REPRESENTED BY ITS PROPRIETOR
4
MR.PRASAD S.L.N.
NO.70, VISHWANEEDUM POST,
GOLLARAHATTI, BANGALORE.
2. THE OFFICIAL LIQUIDATOR
HIGH COURT OF KARNATAKA
CORPORATE BHAVAN,
NO.26-27, 12TH FLOOR,
RAHEJA TOWER,
M.G.ROAD,
BANGALORE-560 001.
... RESPONDENTS
(BY SHRI K.S.MAHADEVAN & V.JAYARAM, ADVS. FOR OL
SHRI A.FEROZ NIZAM, ADV.)
THIS COMPANY APPLICATION IS FILED UNDER RULE 6 & 9
OF THE COMPANIES [COURT] RULES 1959, PRAYING TO RECALL
THE ORDER OF WINDING UP OF THE APPLICANT/PETITIONER
DATED 20.03.2012 IN CO.P NO.203/2009 AND PERMIT THE
PETITIONER TO CONTEST THE PETITION ON MERITS IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.,
THESE COMPANY APPLICATIONS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The applicant company was ordered to be wound up and official liquidator was appointed to take possession of the company by the order dated 20.3.2009. The applicant company has filed these applications seeking to stay the order 5 of winding up and all further proceedings (C A No.1217/2012), condone the delay of 158 days in filing the application to recall the order of winding up dated 20.3.2012 (C A No.1218/2012) and to recall the order dated 20.3.2012 in Cop.No.203/2009 (CA No.1219/2012).
2. Today when the matter is taken up, both the parties have filed a joint memo. Both the parties are present and they are identified by the respective counsel. The learned counsel for the petitioner in the Company Petition submits that statutory amount due with interest has been paid and the same has been accepted. It is submitted that a sum of Rs.7 lakhs is paid by way of demand draft and two cheques have been issued for a total sum of Rs.1,20,000/- as is mentioned in the joint memo. The learned counsel for the petitioner in the company petition submits that he has no objection to recall the winding up order.
3. In view of the joint memo filed and the submissions made, order dated 20.3.2009 in Cop.No.203/2009 is recalled. 6 In the circumstances, C A Nos.1217/2012, 1218/2012 & 1219/2012 including Cop.No.203/2009 are accordingly disposed of.
Sd/-
JUDGE AKD