Karnataka High Court
Shri Sudhir Angur vs The Registrar Of Companies Karnataka on 12 September, 2019
Bench: Chief Justice, Mohammad Nawaz
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2019
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE MOHAMMAD NAWAZ
W.A. NO.3220/2019 C/W
W.A. NOS.3221-3224/2019 & W.A. NO.3250/2019 (GM-RES)
IN W.A. NO.3220/2019
BETWEEN:
SHRI SUDHIR ANGUR
S/O SRI GUDDAPPA ANGUR
AGED ABOUT 57 YEARS
OCCUPATION: CHANCELLOR OF
ALLIANCE UNIVERSITY, BANGALORE
AND MANAGING DIRECTOR OF
M/S ALLIANCE BUSINESS SCHOOL
NO.100, 34TH MAIN, 2ND CROSS,
DOLLARS SCHEME, BTM I STAGE
BANGALORE-560 068.
... APPELLANT
(BY SHRI D.N. NANJUNDA REDDY, SENIOR COUNSEL FOR
SHRI SHYAM SUNDAR M.S., ADVOCATE)
AND:
1. THE REGISTRAR OF COMPANIES KARNATAKA
(MINISTRY OF CORPORATE AFFAIRS
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GOVERNMENT OF INDIA)
E WING, 2ND FLOOR
KENDRIYA SADAN, KORAMANGALA
BANGALORE - 560034
2. THE REGIONAL DIRECTOR
SOUTH EASTERN REGION (SER)
MINISTRY OF CORPORATE AFFAIRS
3RD FLOOR, CORPORATE BHAVAN
BANDLAGUDA, NAGOLE
TATTIANNARAM VILLAGE
HAYAT NAGAR MANDAL
RANGA REDDY DISTRICT
HYDERABAD-500068.
3. THE DIRECTOR GENERAL OF CORPORATE AFFAIRS
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
OFFICE OF THE D.G, CORPORATE AFFAIRS
KOTA HOUSE, ANNEXE NO.1.
SHAJAHAN ROAD
NEW DELHI-110011
4. THE MINISTRY OF CORPORATE AFFAIRS
GOVERNMENT OF INDIA
A WING, SHASTRI BHAWAN
RAJENDRA PRASAD ROAD
NEW DELHI-110001
REPRESENTED BY ITS PRINCIPAL SECRETARY
5. MR. MADHUKAR G ANGUR
AGED ABOUT 62 YEARS
NO.1128, 21ST A CROSS
14TH MAIN, HSR 3RD SECTOR
HSR LAYOUT, BDA COMPLEX
BANGALORE-560 012
6. MS. PRIYANKA B.S.
AGED ABOUT 30 YEARS
KUKKESRI, NO.1128, 14TH MAIN
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21ST A CROSS, HSR LAYOUT
3RD SECTOR
BANGALORE-560 012
... RESPONDENTS
(BY SMT. ANUPAMA HEGDE, ADVOCATE FOR R1-R4,
SHRI K.N. PHANEENDRA, SENIOR COUNSEL FOR
SHRI SRIVASTHAVA H.K., ADVOCATE FOR R5 &
SHRI A.S. PONNANNA, SENIOR COUNSEL FOR
SMT. ANNAPOORNA S., ADVOCATE FOR R5)
---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE
THE ORDER PASSED IN WRIT PETITION NO.15878/2019
[GM-RES] PASSED BY HON'BLE SINGLE JUDGE DATED
08/07/2019 BY THE LEARNED SINGLE JUDGE AND ETC.
IN W.A. NOS.3221-3224/2019
BETWEEN:
1. SHRI PRAKASH BUDOOR
S/O SHRI B. SIDDAPPA
AGED ABOUT 39 YEARS
OCCUPATION: DIRECTOR
M/S. ALLIANCE BUSINESS SCHOOL
NO.100, 34TH MAIN, 2ND CROSS
DOLLARS SCHEME,
BTM I STAGE
BANGALORE-560068
2. SMT. SHAILA CHEBBI GOVIND
W/O SHRI G.B. CHEBBI
AGED ABOUT 56 YEARS
M/S. ALLIANCE BUSINESS SCHOOL
NO.100, 34TH MAIN, 2ND CROSS
DOLLARS SCHEME, BTM I STAGE
BANGALORE-560068
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3. SMT. MALA MADIKERI SRINIVAS GOUDA
W/O DR. SRINIVASA GOUDA
AGED ABOUT 54 YEARS
OCCUPATION: DIRECTOR
M/S. ALLIANCE BUSINESS SCHOOL
NO.100, 34TH MAIN, 2ND CROSS
DOLLARS SCHEME, BTM I STAGE
BANGALORE-560068
4. SHRI ABHAY GOVIND CHEBBI
S/O SHRI G.B. CHEBBI
AGED ABOUT 30 YEARS
OCCUPATION: DIRECTOR
M/S ALLIANCE BUSINESS SCHOOL
NO.100, 34TH MAIN, 2ND CROSS
DOLLARS SCHEME, BTM I STAGE
BANGALORE-560068
... APPELLANTS
(BY SHRI JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SHRI SHYAM SUNDAR M.S., ADVOCATE)
AND:
1. THE REGISTRAR OF COMPANIES KARNATAKA
(MINISTRY OF CORPORATE AFFAIRS,
GOVERNMENT OF INDIA)
E WING, 2ND FLOOR, KENDRIYA SADAN
KORAMANGALA, BANGALORE-560034
2. THE REGIONAL DIRECTOR
SOUTH EASTERN REGION (SER)
MINISTRY OF CORPORATE AFFAIRS
3RD FLOOR, CORPORATE BHAVAN
BANDLAGUDA, NAGOLE,
TATTIANNARAM VILLAGE
HAYAT NAGAR MANDAL
RANGA REDDY DISTRICT
HYDERABAD-500068
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3. THE DIRECTOR GENERAL OF CORPORATE AFFAIRS
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
OFFICE OF THE D.G. CORPORATE AFFAIRS
KOTA HOUSE, ANNEXE NO.1,
SHAJAHAN ROAD, NEW DELHI-110011
4. THE MINISTRY OF CORPORATE AFFAIRS
GOVERNMENT OF INDIA
A WING, SHASTRI BHAWAN
RAJENDRA PRASAD ROAD
NEW DELHI-110001
REPRESENTED BY ITS PRINCIPAL SECRETARY
5. MR MADHUKAR G ANGUR
AGED ABOUT 62 YEARS
NO.1128, 21ST A CROSS
14TH MAIN, HSR 3RD SECTOR
HSR LAYOUT
BDA COMPLEX
BANGALORE-560012
6. MS PRIYANKA B.S.
AGED ABOUT 30 YEARS
KUKKESRI, NO.1128
14TH MAIN 21ST A CROSS
HSR LAYOUT, 3RD SECTOR
BANGALORE-560012
... RESPONDENTS
(BY SHRI K.N. PHANEENDRA, SENIOR COUNSEL FOR
SHRI SRIVASTHAVA H.K., ADVOCATE FOR R5,
SMT. ANUPAMA HEGDE, ADVOCATE FOR R1-R4 &
SHRI A.S. PONNANNA, SENIOR COUNSEL FOR
SMT. ANNAPOORNA S., ADVOCATE FOR C/R6)
THESE WRIT APPEALS ARE FILED UNDER SECTION 4
OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO
SET ASIDE THE ORDER PASSED IN WRIT PETITION
NOS.15872-875/2019 [GM-RES] PASSED BY THE HON'BLE
SINGLE JUDGE DATED 08/07/2019 AND ETC.
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IN W.A.NO.3250/2019
BETWEEN:
MR. KRISHNAMOHAN RAMINENI
S/O SHRI RAMINENI
AGED ABOUT 60 YEARS,
R/A NO.302, SDE SAI RESIDENCY
PLOT NO.88, SRINAGAR COLONY
HYDERABAD-500 073
... APPELLANT
(BY SHRI MADHUSUDAN R. NAIK, SENIOR COUNSEL FOR
SHRI SHYAM SUNDAR M.S., ADVOCATE)
AND:
1. THE REGISTRAR OF COMPANIES KARNATAKA
(MINISTRY OF CORPORATE AFFAIRS
GOVERNMENT OF INDIA)
E WING, 2ND FLOOR, KENDRIYA SADAN
KORAMANGALA, BANGALORE-560034
2. THE REGIONAL DIRECTOR
SOUTH EASTERN REGION (SER)
MINISTRY OF CORPORATE AFFAIRS
3RD FLOOR, CORPORATE BHAVAN
BANDLAGUDA, NAGOLE
TATTINNARAM VILLAGE
HAYAT NAGAR MANDAL
RANGA REDDY DISTRICT
HYDERABAD-500068
3. THE DIRECTOR GENERAL OF CORPROATE AFFAIRS
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
OFFICE OF THE D.G. CORPORATE AFFAIRS
KOTA HOUSE, ANNEXE NO.1
SHAJAHAN ROAD, NEW DELHI-110011
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4. THE MINISTRY OF CORPORATE AFFAIRS
GOVERNMENT OF INDIA
A WING, SHASTRI BHAWAN
RAJENDRA PRASAD ROAD
NEW DELHI-110001
REPRESENTED BY ITS PRINCIPAL SECRETARY
5. MR. MADHUKAR G ANGUR
AGED ABOUT 62 YEARS
NO.1128, 21ST A CROSS
14TH MAIN, HSR 3RD SECTOR
HSR LAYOUT, BDA COMPLEX
BANGALORE-560012
6. MS. PRIYANKA B.S.
AGED ABOUT 30 YEARS,
KUKKESRI, NO.1128, 14TH MAIN
21ST A CROSS,
HSR LAYOUT, 3RD SECTOR
BANGALORE-560012
... RESPONDENTS
(BY SHRI KUMAR M.N., CGC FOR R1-R4,
SHRI K.N. PHANEENDRA, SENIOR COUNSEL FOR
SHRI SRIVASTHAVA H.K., ADVOCATE FOR R5 &
SHRI A.S. PONNANNA, SENIOR COUNSEL FOR
SMT. ANNAPOORNA S., ADVOCATE FOR R6)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE
THE ORDER PASSED IN WRIT PETITION NO.15879/2019
[GM-RES] PASSED BY HON'BLE SINGLE JUDGE DATED
08/07/2019 BY THE LEARNED SINGLE JUDGE AND ETC.
THESE APPEALS COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE
FOLLOWING:
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JUDGMENT
We have heard the learned Senior Counsel appearing for the appellant, the learned Senior Counsel representing for the private respondents (Mr. Madhukar G. Angur and Ms. Priyanka B.S.) and the learned Additional Government Advocate appearing for the official respondents.
2. The learned counsel appearing for the appellants state that as the hearing on the show cause notice which was impugned before the learned Single Judge has been concluded, the appeals may be disposed of by directing that if any adverse order is passed on the impugned show cause notice, the same shall not be implemented for a period of eight weeks from today.
3. The learned Senior Counsel representing the contesting private respondents states that a remedy of appeal will be available against the impugned order and therefore, the period for which the order may not be implemented be restricted to one month.
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4. Considering the above submissions, we pass the following order:
(i) The issue of the legality and validity of the impugned notice which is the subject matter of challenge before the learned Single Judge is kept open;
(ii) If the order passed on the show cause notice be adverse to the appellants, the same shall not be implemented for a period of six weeks from the date on which the order is passed on the impugned show cause notice;
(iii) We make it clear that prayer for interim relief which may be made by the appellant in the proceedings filed for challenging the order which may be passed on the show cause notice shall be decided without being influenced by the limited protection granted under this order as well as the impugned order of the learned Single Judge;
(iv) We also make it clear that we have made no adjudication on the merits of the controversy and all
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issues including the issue regarding the legality of the notice are kept open;
(v) Accordingly, these appeals are disposed of in the above terms;
(vi) The pending interlocutory applications do not survive and the same are disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE SN