Karnataka High Court
M/S. Broadcast Infratel India vs M/S. Skipper Limited on 28 November, 2013
Bench: N.Kumar, Rathnakala
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 28TH DAY OF NOVEMBER 2013
P RESENT
THE HON'BLE MR. JUSTICE N. KUMAR
AND
THE HON'BLE MRS. JUSTICE RATHNAKALA
ORIGINAL SIDE APPEAL NO.13/ 2013
BETWEEN:
M/S. BROADCAST INFRATEL INDIA
PRIVATE LIMITED
REGISTERED OFFICE AT
NO.20, 8TH CROSS,
NANO NAGAR
BANNERGHATTA ROAD,
BANGALORE - 560 070.
AND ALSO AT
SHAIL RAJ COMPLEX BUDH MARG,
OPP. CANARA BANK
PATNA 80001. ... APPELLANT.
(BY SMT. SHOBHA S. BHAVIKATTI
FOR M/S. LEGAL SOLUTION, ADV.)
AND:
M/S. SKIPPER LIMITED
REGISTERED OFFICE AT NO.3A,
LOUDON STREET, 1ST FLOOR,
KOLKATTA - 700 017
WEST BENGAL. ..RESPONDENT.
(BY SRI SAJI P.JOHN, ADV.)
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THIS APPEAL IS FILED U/S 483 OF THE
COMPANIES ACT, 1956, R/W SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING THAT
THIS HON'BLE COURT TO:-
A] CALL FOR RECORDS IN CO.P NO.236/2010
ON THE FILE OF THIS HON'BLE COURT.
B] ALLOW THE APPEAL AND SET ASIDE THE
ORDER DATED 09/01/2012 IN CO.P NO.236/2010
PASSED BY THE COMPANY JUDGE, HIGH COURT OF
KARNATAKA, BANGALORE.
C] PASS ANY SUCH OTHER ORDER/S AS THIS
HON'BLE COURT MAY DEEM FIT TO PASS AND ETC.
THIS OSA COMING ON FOR ORDERS THIS DAY,
N. KUMAR, J., DELIVERED THE FOLLOWING: -
JUDGMENT
This appeal is preferred against the exparte order of winding up passed by the Company Court. The grievance of the appellant is that the appellant was not duly served. If that is so, the proper course is to approach the Company Court and seek for recalling the exparte order and not to prefer an appeal.
2. In that view of the matter, the appeal is dismissed reserving liberty to the appellant to approach the Company Court for recalling the exparte order. Ordered accordingly.
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In view of the dismissal of the main appeal, the interlocutory applications are also dismissed.
Sd/-
JUDGE Sd/-
JUDGE nvj