Karnataka High Court
State Bank Of India vs The Official Liquidator Of on 22 March, 2019
Author: S.Sujatha
Bench: S.Sujatha
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF MARCH, 2019
BEFORE
THE HON'BLE MRS. JUSTICE S.SUJATHA
COMPANY APPLICATION No.314/2017
IN
COMPANY PETITION No.162/2013
BETWEEN
1. STATE BANK OF INDIA
A BANKING CORPORATION
CONSTITUTED UNDER THE
STATE BANK OF IDNIA ACT 1955 (23 OF 1955)
HAVING ITS CORPORATE CENTRE
AT STATE BANK BHAVAN
MADAME CAM AROAD
NARIMAN POINT, MUMBAI - 400021
AND HAVING ITS INDUSTRIAL
FINANCE BRANCH AT
61 RESIDENCY PLAZA
RESIDENCY ROAD
BENGALURU - 580025
2. BANK OF BARODA
A BODY CORPORATE UNDER
THE BANKING COMPANIES
(ACQUISITION AND TRANSFER OF
UNDERTAKING) ACT 1970 (5 OF 1970)
HAVING ITS HEAD OFFICE AT
BARODA HOUSE, P B NO 506,
MANDAVI, VADODARA - 396006
ACTING THROUGH ITS BRANCH OFFICE
AT P O BOX NO 11745
SAMATA BUILDING
GENERAL BHOSALE MARG
NARIMAN POINT MUMBAI - 400021
2
3. CORPORATION BANK
A BODY CORPORATE UNDER
THE BANKING COMPANIES
(ACQUISITION AND TRANSFER OF
UNDERTAKING) ACT 1980 (4 OF 1980)
HAVING ITS CORPORATE OFFICE AT
MANGALADEVI TEMPLE ROAD,
PANDESHWAR MANGALURU - 575001
AND HAVING ITS INDUSTRIAL
FINANCE BRANCH AT
RALLARAM MEMORIAL BLDG
1ST FLOOR, CSI COMPOUND
MISSION ROAD, BENGALURU - 560027
4. THE FEDERAL BANK LIMITED
A COMPANY WITHIN THE
MEANING OF THE COMPANIES ACT 1956,
HAVING ITS REGISTERED OFFICE
AT FEDERAL TOWERS,
ALUVA- 683101, KERALA
AND HAVING ITS BRANCH OFFICE
AT ST MARKS ROAD
9 HALCYON COMPLEX,
ST MARKS ROAD
BENGALURU - 560001
5. IDBI BANK LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956,
AND A BANKING COMPANY WITHIN THE MEANING
OF THE BANKING REGULATION ACT 1949,
HAVING ITS HEAD OFFICE AT IDBI TOWER,
WTC COMPLEX, CUFFE PARADE, MUMBAI - 400005
MAHARASHTRA INDIA
AND ACTING THROUGH ITS
BRANCH OFFICE AT
CORPORATE BANKING GROUP FAMG
9TH FLOOR, IDBI TOWER
WTC COMPLEX, CUFFE PARADE COLABA
MUMBAI - 400005
6. INDIAN OVERSEAS BANK
A BODY CORPORATE UNDER
THE BANKING COMPANIES
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(ACQUISTION AND TRANSFER OF
UNDERTAKING ) ACT 1970,
HAVING ITS CENTRAL OFFICE AT 763,
ANNA SALAI, CHENNAI - 600002
AND ITS BRANCH OFFICE AT
HARIKRIPA 26-A, S V ROAD,
SANTACRUZ (W) MUMBAI - 400054
7. JAMMU & KASHMIR BANK LIMITED
A BANKING COMPANY INCORPORATED
UNDER THE PROVISIIONS OF THE
JAMMU & KASHMIR COMPANIES ACT NO XI OF 1977
(SAMVAT) HAVING ITS REGISTERED OFFICE
AT CORPORATE HEADQUARTER
MAULANA AZAD ROAD,
SRINAGAR KASHMIR- 190001
AND ITS BRANCH OFFICE AT
SYED HOUSE, 124,
S V SAVARKAR MARG
MAHIM (WEST) MUMBAI - 400016
8. PUNJAB & SIND BANK
A BODY CORPORATE UNDER
BANKING COMPANIES
(ACQUISITION AND TRANSFER OF
UNDERTAKING) ACT 1980
HAVING ITS HEAD OFFICE 21,
RAJENDRA PLACE
NEW DELHI - 110008
AND HAVING AMONGST OTHERS
A BRANCH OFFICE AT J K SOMANI BUILDING
BRITISH HOTEL LANE FORT, MUMBAI - 400023
9. PUNJAB NATIONAL BANK
A BODY CORPORATE UNDER
THE BANKING COMPANIES
(ACQUISTION AND TRANSFER OF
UNDERTAKING ACT 1970 (5 OF 1970)
HAVING ITS HEAD OFFICE AT
7, BHIKAJI CAMA PLACE,
NEW DELHI - 110607
ACTING THROUGH ITS LARGE
CORPORATE BRANCH AT
4
CENTENARY BUILDING 28,
M G ROAD, BENGALURU - 560001
10. STATE BANK OF MYSORE
A BODY CORPORATE CONSTITUTED
UNDER THE STATE BANK OF IDNIA
(SUBSIDIARY BANKS) ACT, 1959
HAVING ITS HEAD OFFICE AT
KEMPEGOWDA ROAD,
BENGALURU - 560009
AND ITS CORPORATE ACCOUNTS
BRANCH AT NO 18,
RAMANASHREE ARCADE M G ROAD
BANGALORE - 560001
11. UCO BANK
A BODY CORPORATE CONSTITUTED
UNDER THE BANKING COMAPNIES
(ACQUISTION & TRANSFER OF
UNDERTAKINGS) ACT 1970,
AND HAVING ITS HEAD OFFICE AT
10, BTM SARANI, KOLKATA - 700001
WEST BENGAL, INDIA
AND ITS BRANCH OFFICE AT
1ST FLOOR, 13/22, K G ROAD, BENGALURU - 560009
12. UNITED BANK OF INDIA
A BODY CORPORATE UNDER THE
BANKING COMPANIES
(ACQUISITION AND TRANSFER OF UNDERTAKING)
ACT, 1970 (5 OF 1970)
HAVING ITS HEAD OFFICE AT
11, HEMANTA BASU SARANI
KOLKATA - 700001.
ACTING THROUGH ITS BRANCH
OFFICE AT 40, K.G. ROAD
BENGALURU - 560 009.
13. J M FINANCIAL ASSET
RECONSTRUCTION CO PVT LTD
HAVING ITS REGISTERED OFFICE AT
7TH FLOOR, CNERGY
APPASAHEB MARATHE MARG
PRABHADEVI, MUMBAI - 400025
5
APPLICANT Nos.2 TO 13 ARE
REPRESENTED BY
MR. DEBASISH BHATTACHARJEE
ASSISTANT GENERAL MANAGER
& CASE LEAD OFFICER - 6
OF THE APPLICANT No.1.
... APPLICANTS
(BY SRI. GANAPATI HEGDE, ADV.,)
AND
THE OFFICIAL LIQUIDATOR OF
UNITED BREWERIES (HOLDINGS) LIMITED
(IN LIQUIDATIONS)
ATTACHED TO HIGH COURT OF KARNATAKA
12TH FLOOR, RAHEJA TOWERS
BENGALURU - 560 001.
... RESPONDENT
(BY SMT. REVATHI ADINATH NARDE, ADV.,)
THIS COMPANY APPLICATION IS FILED UNDER
SECTION 446(1) OF THE COMPANIES ACT, 1956 PRAYING TO
CLARIFY THE LEGAL POSITION AS TO WHETHER OR NOT
LEAVE OF THIS HON'BLE COURT IS NECESSARY UNDER
SECTION 446 OF THE COMPANIES ACT, 1956 AND IN CASE
THIS HON'BLE COURT IS OF THE VIEW THAT THERE IS A
NECESSITY TO OBTAIN SUCH A LEAVE OF THE THIS
HON'BLE COURT, THEN BE PLEASED TO GRANT LEAVE TO
THE APPLICANT BANKS TO PROCEED WITH THE RECOVERY
PROCEEDINGS AGAINST THE RESPONDENT - UNDER THE
PROVISIONS OF THE RDDBFI ACT AND THE RULES MADE
THEREUNDER - FOR RECOVERY OF THE AMOUNTS DUE TO
THEM AS PER THE RECOVERY CERTIFICATE (AND THE
FINAL ORDER DATED 19.01.2017) ISSUED BY THE DEBTS
RECOVERY TRIBUNAL, BENGALURU, IN O.A. 766/2013.
THIS COMPANY APPLICATION IS COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
The learned counsel for the applicants has filed a memo seeking leave of the Court to withdraw the application.
Memo is placed on record. Permission is granted.
The Company Application stands dismissed as withdrawn.
Sd/-
JUDGE PMR