Karnataka High Court
The Nodal Officer For Ngef Ltd vs K S Amrutha Nalini on 16 February, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:6812-DB
RP No. 368 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE R DEVDAS
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
REVIEW PETITION NO. 368 OF 2023
IN
O S A NO. 12 OF 2022
BETWEEN:
THE NODAL OFFICER FOR NGEF LTD
AND THE MANAGING DIECTOR,
KARNATAKA STATE INDUSTRIAL INVESTMENT
AND DEVELOPMENT CORPORATION,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU - 560 001.
...PETITIONER
(BY SMT ANUPARNA BORDOLOI, ADVOCATE)
Digitally AND:
signed by
PRAMILA G V
1. K S AMRUTHA NALINI,
Location:
D/O LATE K SRINIVASA MURTHY,
HIGH COURT
OF AGED ABOUT 73 YEARS,
KARNATAKA RESIDING AT NO 7,
GARUTHMAN APARTMENTS 17TH A CROSS,
8TH MAIN, MALLESHWARAM,
BENGALURU - 560 055.
2. T VEERARAJU,
S/O LATE T THIMMAIAH,
AGED ABOUT 77 YEARS,
RESIDING AT NO.787/E,
-2-
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RP No. 368 of 2023
3RD MAIN 1ST CROSS,
HAMPINAGAR, PC LAYOUT, VIJAYANAGAR, 2ND
STAGE, BENGALURU - 560 104.
3. A VEERAHANUMAIAH,
S/O LATE HANUMANTHARAYAPPA,
AGED ABOUT 78 YEARS,
RESIDING AT NO 1104, 1ST B MAIN
I PHASE ,15TH CROSS NEW TOWN,
YELAHANKA BENGALURU - 560064.
4. N SATHYANARAYANA,
S/O LATE NARAYANAPPA,
AGED ABOUT 75 YEARS,
RESIDING AT NO 71, 3RD CROSS,
NRUPATHUNGA EXTN, OPP RT NAGAR POST,
OFFICE BENGALURU 560032.
5. VRUSHABARAJU,
S/O LATE NAGANNA, AGED ABOUT 74 YEARS,
RESIDING AT NO 441/15 K
H B COLONY 2ND STAGE, 4TH MAIN,
BASAVESHWARANAGAR, BENGALURU 560079.
6. ADHISAGAR HANUMANNAVAR,
S/O LATE BHIMAPPA, AGED ABOUT 68 YEARS,
RESIDING AT NO. 12, OLD NO. 6
10TH MAIN, 14TH CROSS, MARUTHINAGAR,
NTS POST BENGALURU - 560075.
7. B VENUGOPAL,
S/O LATE V BALAKRISHNA,
AGED ABOUT 76 YEARS,
RESIDING AT FLAT NO.208 F BLOCK,
BREN WOODS APARTMENTS,
DODDANAGAMANGALA,
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RP No. 368 of 2023
CHIKKA MANGALA ROAD, ELECTRONIC CITY, PHASE
II, BENGALURU - 560100.
8. B N VIVEKANANDA,
S/O LATE B S NAGARAJ,
AGED ABOUT 71 YEARS,
RESIDING AT NO.14 2ND MAIN,
MUNIYAPPA GARDEN, K R PURAM EXTENSION,
BENGALURU - 560036.
9. BHOJARAJ A,
S/O LATE B D AVATE,
AGED ABOUT 74 YEARS,
R/A FLAT NO.201, SENTINI PLAZA,
PLOT F WHISPERING, MEADOWS CHALAGHATTA,
BENGALURU - 560 037.
10. V S PHANISAYEE,
S/O LATE V SRINIVASA RAGHAVAN,
AGED ABOUT 58 YEARS,
R/A NO.455, SRINIVASA NILAYA
44TH CROSS 8TH BLOCK, JAYANAGAR,
BENGALURU-560070.
11. M GAJANDRAN,
S/O LATE MUNISWAMY,
AGED ABOUT 70 YEARS,
R/A NO.87, IST CROSS PWD ROAD,
AKASH NAGAR, DOORVANI NAGAR, P O,
BANGALORE-560016.
12. P PILLANNA,
S/O LATE Y PAPANNA,
AGED ABOUT 75 YEARS, R/A NO.227, YEMALUR,
YEMALUR POST, BENGALURU-560037.
13. R NANDAKUMAR,
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S/O LATE B N RAMACHANDRAPPA,
AGED ABOUT 67 YEARS,
R/A NO.53/2, NANDI SHELATEERS APARTMENTS
FLAT NO.404, B BLOCK, 11TH MAIN, JAYANAGAR,
HOUSING SOCIETY LAYOUT,
SUBRAMANYAPURA, BENGALURU-560061.
14. H A LAKSHMINARAYANA,
S/O LATE H D APPAJAPPA,
AGED ABOUT 76 YEARS,
R/A NO.32, 3RD CROSS, AMURTHAHALLI,
BEHIND COTTON WORLD,
BENGALURU-560092.
15. C MAHADEVANNA,
S/O LATE CHANNAIAH, AGED ABOUT 76 YEARS,
R/A NO.8 4TH CROSS, AZAD NAGAR
CHAMARAJPET, BENGALURU-560018.
16. PUTTARAJU,
S/O LATE MADAPPA,
AGED ABOUT 74 YEARS,
R/A NO.96, 14TH CROSS
4TH MAIN, NGEF LAYOUT,
NAGARABHAVI, BENGALURU-560072.
17. C KRISHNAIAH,
S/O LATE CHOWDAPPA
AGED ABOUT 77 YEARS, R/A NO.7/2Y, 15TH MAIN,
3RD BLOCK, RAJAJINAGAR, BENGALURU - 560 010.
18. B. M. MUNIRAJU,
S/O LATE MUNIVENKATARASWAMAPPA,
AGED ABOUT 69 YEARS,
RESIDING AT NO 77/1, 1ST C CROSS,
RMV II STAGE III BLOCK,
DEVASANDRA, BENGALURU - 560054.
19. M. GOPALAKRISHNA HEBBAR,
S/O LATE P M HEBBAR,
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RP No. 368 of 2023
AGED ABOUT 77 YEARS,
RESIDING AT NO.9, 13TH CROSS, 6TH MAIN,
BTM II STAGE, BENGALURU-560076.
20. SHANKARAYANARAYANA SASTRY,
S/O LATE NARAYANA SASTRY,
AGED ABOUT 73 YEARS,
RESIDING AT NO 129, 16TH MAIN,
BTM LAYOUT II STAGE, I PHASE,
BENGALURU-560076.
21. C. V. PRABHAKAR,
S/O LATE C VASUDEVA RAO,
AGED ABOUT 75 YEARS,
RESIDING AT O98TH MAIN MHB CS LAYOUT,
BTM LAYOUT 1 STAGE, BENGALURU 560029.
22. RATHNAMMA
W/O LATE H KEMPARJAIAH,
AGED ABOUT 66 YEARS,
RESIDING AT NO 1546,
EWS 20TH B CROSS 3RD PHASE,
NEW TOWN YELAHANKA, BENGALURU 560106.
23. T. N. RAVICHANDRA,
AGED ABOUT 69 YEARS,
RESIDING AT NO 897, 5TH CROSS, 3RD PHASE,
3RD BLOCK BSK III STAGE, BENGLURU-560085.
24. S. SHIVANNA,
S/O LATE SIDDASETTY,
RESIDING AT NO.40, 1ST MAIN,
SADANANDANAGAR, INDIRANAGARA POST,
BENGALURU-560038.
25. EDWARD PHILLIPS P. R,
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S/O LATE TR PHILLIPS,
AGED ABOUT 74 YEARS,
RESIDING AT NO.410, 4TH MAIN,
RAMACHADNRAPPA LAYOUT, KRIYANNA PALYA,
ST. THOMAS TOWN POST, BENGALURU-560084.
26. D. SHIVAPRASAD,
S/O LATE J.E.DAMODHARAN,
R/AT NO.24, 7TH B MAIN, HRBR LAYOUT,
1ST BLOCK, KALYAN NAGAR POST,
BENGALURU-560043.
27. G. EREGOWDA,
S/O LATE JAVAREGOWDA,
AGED ABOUT 65 YEARS, R/AT NO.225, 5TH A MAIN,
SADANANDA NAGAR, NGEF LAYOUT,
BENGLAURU-560038.
28. VEDAMURTHY
S/O LATE HONNAGIRIYAPPA,
AGED ABOUT 73 YEARS,
R/AT NO.125, 3RD MAIN,
SADANANDA NAGAR, NGEF LAYOUT,
BENGLAURU-560038.
29. T. SHIVALINGAPPA,
S/O LATE T.SIDDALINGAPPA,
AGED ABOUT 70 YEARS,
R/AT NO.503, 8TH MAIN, 1 CROSS,
SADANANDA NAGAR,
NGEF LAYOUT, BENGLAURU-560038.
30. K. M. THIMMAPPA,
S/O LATE K.K.MALLAPPA SETTY,
AGED ABOUT 67 YEARS,
R/AT NO.263 1ST MAIN, 5TH BLOCK,
BSK II STAGE, III PHASE,
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BENGALURU - 560085.
31. K. S. DWARAKANATH
S/O LATE K.SRIRANGACHAR,
AGED ABOUT 67 YEARS,
R/AT NO.37, 2ND STAGE, 2ND CROSS,
10TH MAIN, INDIRANAGAR, BENGALURU-560038.
32. B. A. SANATHANA MURTHY,
S/O LATE B.V.ASHWATHAPPA,
AGED ABOUT 69 YEARS,
R/AT NO.451, 6TH CROSS,
2ND BLOCK, HBR LAYOUT BENGALURU-560 043.
33. MAHADEVAPPA
S/O LATE MUDDANNA,
AGED ABOUT 75 YEARS, R/AT NO.369,
SOURABHA 2A CROSS, 11TH MAIN, W.C.R. III STAGE,
1ST BLOCK, BASAVESHWARANAGARA,
BENGALURU-560 079.
34. SIDDAVEERAPPA
S/O LATE ADIYAPPA ARADHYA,
AGED ABOUT 69 YEARS,
R/AT NO.1-509-A, GOWRINILAYA C.M.HALLI,
NEW B.E.L. ROAD, BENGALURU-560 054.
35. PADMANABHA G. MANOOR,
S/O LATE MANOR GUNDACHARYA,
AGED ABOUT 75 YEARS,
R/AT NO.1712, 17TH A MAIN, 8TH CROSS, II PHASE,
J.P.NAGAR, BENGALURU-560 078.
36. N NAGARAJ,
S/O. LATE R. S. NANJEMARIYAPPA,
AGED ABOUT 67 YEARS,
-8-
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RP No. 368 of 2023
R/AT NO.7284 VINAYAKA OLD TELEPHONE
EXCHANGE ROAD, SUBHASH NAGAR, NELAMANGALA
BENGALURU RURAL DISTRICT.
37. V. V. HASYAGAR,
S/O LATE V.S.HASYAGAR,
AGED ABOUT 68 YEARS, R/AT NO.5/1,
VIGNESHWARA KRUPA 1ST MAIN, MARUTI
EXTENSION SHRIRAMPURA, BENGALURU-560 021.
38. S. MARIA ALOYSIUS
S/O LATE SUSAINATHAN,
AGED ABOUT 75 YEARS,
R/AT NO.174, 11TH CROSS, 1ST BLOCK,
R.T.NAGAR, BENGALURU-560 032.
39. B. V. SHANKARA,
S/O LATE B V VENKATARAO,
AGED ABOUT 78 YEARS R/AT NO.6
JAYASAIRAM IST CROSS, UTTHANALLAPPA LAYOUT,
THINDLU, VIDYARANYAPURA POST,
BENGALURU-560097.
40. MRS. S. RISHEBAVENI,
W/O SRI O TULASI DASS
AGED ABOUT 72 YEARS
R/AT NO.16, NGEF LAYOUT BHUVANESHWARI NAGAR
C V RAMAN NAGAR POST BENGALURU-560093.
41. B. JAYADEVA
S/O LATE BASALINGAPPA M ,
AGED ABOUT 62 YEARS, R/A NO.19, NGEF LAYOUT II
STAGE NRUPATHUNGA NAGAR BENGALURU-560072.
42. S. JAYASEELAN,
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S/O LATE M E SOMANATHAN,
AGED ABOUT 68 YEARS,
R/AT NO.15/4/1 7TH CROSS, JAIBHARATH NAGAR
BENGALURU-560033.
43. MRS. M. M. GRACY D SOUZA,
W/O VINCENT D SOUZA,
AGED ABOUT 66 YEARS R/AT NO.268, 3RD CROSS,
4TH MAIN, 4TH STAGE BEML LAYOUT,
RAJARAJESHWARI NAGAR BENGALURU-560098.
44. G. R. JOSHI,
S/O LATE K G RAMAMURTHY,
AGED ABOUT 74 YEARS R/AT NO.619,
2ND CROSS 2ND MAIN, NGEF LAYOUT NRUPATHUNGA
NAGAR NAGARBHAVI BENGALURU-560072.
45. B. S. SIDDARAMAIAH,
S/O LATE SIDDAIAH,
AGED ABOUT 70 YEARS,
R/AT NO.905 2ND C C ROSS 9TH A MAIN
HRBR LAYOUT IST BLOCK ,KALYAN NAGAR
BENGALURU-560043.
46. MADHAVA RAO,
S/O LATE RAMARAO,
AGED ABOUT 64 YEARS
R/AT NO.433 9TH MAIN, NGEF LAYOUT
NRUPATHUNGA NAGAR NAGARABHAVI
BENGALURU-560072.
47. V. S. VIJAYAKUMAR,
S/O LATE V R SHAMACHAR,
AGED ABOUT 63 YEARS,
R/AT NO.403 5TH CROSS 6TH MAIN, NGEF LAYOUT,
NRUPATHUNGA NAGAR, NAGARABHAVI,
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BENGALURU-560072.
48. K. V. MEENAKSHAMMA,
W/O S K SUBBUKRISHNA,
AGED ABOUT 66 YEARS,
R/AT NO.303, 3RD FLOOR HEM PRATHIK PARADISE
ANANDA NAGAR MARATHAHALLI
BENGALURU-560037.
49. P. ELIZABETH AROCKIA MARY,
W/O K ROYAL REDDY,
AGED ABOUT 67 YEARS, R/AT NO.17
VIVEKANANDA STREET KAMMANAHALLI MAIN ROAD
BENGALURU-560033.
50. J. SURENDRA BABU,
S/O LATE T JANAKI RAM NAIDU
AGED ABOUT 61 YEARS
R/AT NO.341, 7TH CROSS 4TH MAIN,
NGEF LAYOUT BENGALURU-560056.
51. A. B. PRAKASH,
S/O LATE N V BASAVASETTY,
AGED ABOUT 66 YEARS,
R/AT NO.374, 10TH MAIN NGEF LAYOUT,
NRUPATHUNGA NAGAR NAGARBHAVI
BENGALURU-560072.
52. MR. SIMON MARTIS,
S/O LATE S J MARTIS,
AGED ABOUT 64 YEARS,
RESIDING AT NO 462 8TH MAIN NGEF LAYOUT
NRUPATHUNGA NAGAR NAGARBHAVI
BENGALURU 560072.
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53. K. M. SATHYANARAYANA BHAT,
S/O K M VENKATARAMANA BHAT,
AGED ABOUT 62 YEARS,
RESIDING AT NO 487 7TH MAIN NGEF LAYOUT,
NRUPATHUNGA NAGAR,
NAGARBHAVI BENGALURU 560072.
54. H M ALATEAF HUSSAIN,
SS/O LATE H MUNZOOR,
UL HUSSAIN,
AGED ABOUT 66 YEARS,
R/AT NO. 43 Ist MAIN
SADANANDANAGAR,
BENGALURU 560 038.
55. H K ANANTHA,
S/O LATE KRIHSNAIAH,
AGED ABOUT 73 YEARS,
R/AT NO. 43, 3rd MAIN,
NGEF LAYOUT,
NRUTPATHUNGA NAGAR,
NAGARABHAVI,
BENGLAURU 560 072.
56. C S SESHADRI,
S/O LATE C R SREENIVAS
AGED ABOUT 61 YEARS,
R/AT NO. 1327, Ist H MAIN
GIRINAGAR 2nd PHASE,
BENGALURU 560 085.
57. H S KUMAR,
S/O LATE H S N RAO
AGED ABOUT 76 YEARS,
R/AT NO. 1050
4tH MAIN, 8th CROSS,
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SRINIVASANAGAR, BSK I STAGE,
BENGALURU 560 050.
58. V GURURAJA,
S/O LATE VENKATANARASAPPA ,
AGED ABOUT 78 YEARS,
R/AT NO. 109E 5tH MAIN 5th CROSS,
NGEF LAYOUT, SANJAYNAGAR,
BENGALURU 560 094.
59. N C SRINIVASA MURTHY,
S/O LATE N CHANDRASHEKAR,
AGED ABOUT 80 YEARS,
R/AT NO. 910 20th MAIN, 19th CROSS, BSK II
STAGE, BENGLAURU 560 070.
60. R K SHANKAR,
S/O LATE R S KESHAVA MURTHY
AGED ABOUT 74 YEARS, R/AT NO. 1113/D,
8th CROSS, ASHOK NAGAR BSK I STAGE,
BENGLAURU 560 050.
61. B KRISHNA RAO,
S/O LATE SHANKAR RAO
AGED ABOUT 76 YEARS, R/AT NO. 14, 1st MAIN
Ist CROSS, NGEF LAYOUT,
RMV 2nd STAGE, BENGALURU 560 094.
62. S JANARDHANA,
S/O LATE R SADASIVA RAO,
AGED ABOUT 67 YEARS,
RESIDING AT NO. 108 , 4th CROSS,
MAGADI MAIN ROAD, KAMAKSHIPALYA EXTN.,
SIDDHARTHA SCHOOL ROAD,
BENGALURU 560 079.
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63. K S PARAPPA,
S/O LATE Y SIDDANNA,
AGED ABOUT 74 YEARS,
R/AT NO. 29, MIG 2nd STAGE
K H B COLONY, BASAVESHWARANAGARA
BENGALURU 560 079.
64. M BALAKRISHNA SHETTY
S/O M LOKAIAH SHETTY
AGED ABOUT 65 YEARS,
R/AT NO. 3rd MAIN K R GARDEN
MURUGESHPALYA,BENGALURU 560017.
65. A PARASWANTH
S/O LATE AYYA DHORE
AGED ABOUT 66 YEARS
R/AT NO,54/20 NETHRAVATHI EXTN, K R PURAM,
BENGALURU 560036.
66. B R SOMANATHA,
S/O LATE RAMASWAMIAH K S,
AGED ABOUT 73 YEARS,
R/AT NO. 1019/11
AMRUTHVARSHINI Ist CROSS,
7th MAIN, SRIRAMPURAM,
BENGALURU 560021.
67. K K VASANTHA,
S/O LATE K K KALAPPA
AGED ABOUT 72 YEARS,
R/AT SIDDI, KAGGODLU VILLAGE AND POST,
MADIKERI TALUK, KODAGU DISTRICT - 571253.
68. JAYARAJAN SHETTY,
S/O LATE N S SHETTY,
AGED ABOUT 64 YEARS,
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R/AT SINDHURA NO. 158, IST FLOOR, 2nd CROSS,
VINAYAKA NAGAR, DEVASANDRA, K R PURAM POST,
BENGALURU 560036.
69. A V DORAIRAJAN,
S/O LATE B VEERASWAMY,
AGED ABOUT 72 YEARS,
NO. 24, 6th CROSS, IYYAPPA NAGAR
DEVASANDRA MAIN ROAD, K R PURAM POST,
BENGALURU 560036.
70. RAMACHANDRA CHARY,
S/O LATE NYANA CHARY
AGED ABOUT 74 YEARS,
R/AT NO. 96, HORAMAVU AGARA
HORAMAVU POST, BENGLAURU - 560043.
71. S K VENUGOPAL,
S/O LATE C KENCHAPPA,
AGED ABOUT 73 YEARS,
R/AT NO.32 JAMBUSAVARIDINNE,
8tH PHASE, J P NAGAR, BENGALURU 560076.
72. S RAGHOTHAMA,
S/O LATE T G SHAMANNA,
AGED ABOUT 76 YEARS,
R/AT NO.68, 12TH MAIN ROAD,
19TH CROSS, H.S.R.LAYOUT,
SECTOR VII, BENGALURU - 560034.
73. S. SADASHIVAIAH,
S/O LATE SIDDALINGAIAH,
AGED ABOUT 73 YEARS, R/AT NO.23, 2ND CROSS,
ANUBHAVANAGAR, MOODALA PALYA,
BENGALURU - 560072.
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74. GANGARAJU,
S/O LATE NANJA THIMMAIAH,
AGED ABOUT 72 YEARS,
R/AT NO.180, 3RD MAIN, 5TH CROSS,
SHAKTI GARDEN, KALYAN NAGAR,
NAGARBHAVI, BENGALURU - 560072.
75. MUDDUGANGAIAH @ MUDDUGANGAIAH SOMPUR
S/O LATE RANGAPPA,
AGED ABOUT 79 YEARS,
R./AT NO.1232, 15TH MAIN,
BTM II STAGE, BENGALURU - 560076.
76. N.C. MANJUNATH
S/O LATE CHANDRASEKARAIAH,
AGED ABOUT 68 YEARS,
R/AT NO.372A, 7TH MAIN,
B BLOCK, NEAR TRIVENI STORE,VINAYAKANAGARA,
BENGALURU - 560017.
77. SUNDER SINGH R,
S/O LATE R. RAM SINGH,
AGED ABOUT 78 YEARS,
R/AT NO. 36, BALAJI NILAYA,
2ND CROSS, MAGADI ROAD,
BENGALURU - 560023.
78. RAJKUMAR G SINDAGI,
S/O LAET GAVISIDDAPPA,
AGED ABOUT 66 YEARS,
R/AT NO. 162, 3RD MAIN, SADANANDA NAGAR,
N.G.E.F. LAYOUT, BENGALURU - 560038.
79. M NATARAJAN,
S/O LATE MURUGESHAN,
AGED ABOUT 62 YEARS,
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R/AT NO.15, 6TH CROSS,
PIPE LANE, CHOLUR PALYA,
BENGALURU - 560023.
80. V SUBRAMANI,
S/O LATE VELUNAIKER,
AGED ABOUT 78 YEARS,
R/AT NO.13, MANJUNATHA NAGAR,
MAGADI ROAD, BENGALURU - 560023.
81. B.S. VENKATESHWARA RAO,
S/O LATE B.V. SEETHARAMAIAH
AGED ABOUT 65 YEARS,
RESIDING AT MATHRU SRI KRUPA 3RD CROSS
VIVEKANANDA NAGARA, HOSAKOTE TOWN
BENGALURU RURAL DISTRICT - 562 114.
82. N. VENUGOPAL,
S/O LATE NARAHARI JEYAR
AGED ABOUT 65 YEARS,
RESIDING AT NO. 002,
ASHRAYA APARTMENTS,
GROUND FLOOR, NO. L3 LINE,
JEEVABHEEMANAGAR,
BENGALURU - 560075.
83. BISUJAKSHA,
S/O LATE G. RAMACHANDRA MURTHY
AGED ABOUT 64 YEARS,
RESIDING AT NO. 30,
SKANDA 4TH CROSS,
SIMHADRI LAYOUT, UTTARAHALLI,
BENGALURU - 560 061.
84. SRINIVASA RAO SHINDHE
S/O LATE KRISHNAJI RAO SHINDHE
AGED ABOUT 73 YEARS,
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RESIDING AT NO. 597/1A,
9TH CROSS, TRIVENI ROAD,
YESHWANTHPUR, BENGALURU-560 022.
85. N. MANJUNATHA,
S/O LATE NARAYANAPPA
AGED ABOUT 63 YEARS,
RESIDING AT NO.598, I MAIN,
2ND STAGE, BHEL LAYOUT,
PATTANAGERE, R.R.NAGAR,
BENGALURU - 560 098.
86. H.K. CHINNASWAMY
S/O LATE. KANNAIAH
AGED ABOUT 64 YEARS,
RESIDING AT NO. 93, II MAIN,
GIRIDHAMA LAYOUT,
BEML III STAGE,
R.R.NAGAR, BENGALURU - 560 098.
87. K.M. MUNIVENKATAPPA,
S/O. LATE VEERAPPA,
AGED ABOUT 68 YEARS,
RESIDING AT NO 13/A
RAMAMOORTHY NAGAR, 5TH CROSS, T C PALYA
MAIN ROAD 2ND BLOCK, BENGALURU - 560016.
88. L. KRISHNA MURTHY,
S/O LATE. K. LAKSHMINARAYAN
AGED ABOUT 64 YEARS
RESIDING AT NO. 159Y,
3RD MAIN, 4TH PHASE, 7TH BLOCK
BSK III STAGE BENGALURU 560085.
89. H. NINGAIAH
S/O LATE HONNIAH
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AGED ABOUT 70 YEARS,
RESIDING AT NO. 185, 1ST CROSS
MUENSHWARA LAYOUT, KRISHNAIANPALYA,
BEHIND NGEF BENGALURU - 560038.
90. L. CHANDRA SHEKARAN
S/O LATE S. LAKSHMAN RAO
AGED ABOUT 71 YEARS,
RESIDING AT NO. 35/A, 15TH CROSS, 6TH MAIN,
MAHALAKSHMI LAYOUT, BANGALORE 560086.
91. C.K. RAJAMANNAR,
S/O LATE C. KRISHNA MURTHY
AGED ABOUT 74 YEARS,
RESIDING AT NO. 1375,
6TH CROSS, 12TH MAIN, HAL III STAGE
BENGALURU - 560008.
92. A.R. SETHURAMA RAO,
S/O LATE A.K. RAGHAVENDRA RAO
AGED ABOUT 74 YEARS,
94/C.S.RI. CHANDRALA, 4TH MAIN
NGEF LAYOUT, RMV II STAGE
BENGALURU - 560094.
93. B. ANANTHARAMAIAH
S/O LATE B.N BHUJANGA ROA
AGED ABOUT 73 YERS,
NO 196, 3RD CROSS, 4TH MIAN
NGEF KLAYOUT, RMV II STAGE,
BENGALURU - 560094.
94. M. SIDDALINGAPPA
S/O LATE MARAIAH
AGED ABOUT 79 YEARS,
NO 742, 1ST F CROSS,
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NC: 2024:KHC:6812-DB
RP No. 368 of 2023
3RD STAGE,4TH BLOCK, BASAVESHWARANAGARA
BENGALURU - 560079.
95. B.S. KANAKA KUMAR
S/O LATE B.V. SEETHARAMAIAH
AGED ABOUT 69 YEARS,
SHIVA KRUPA 2ND MAIN ROAD
VIVKANANDA NAGAR HOSKOTE TOWN
BANGALORE RURAL DISTRICT 562 114.
96. SRI. N. K/ LINGANNA
S/O LATE KEMPEGOWDA
AGED ABOUT 75 YEARS,
NO. 137, 11TH MAIN, 9TH BLOCK,
2ND STAGE, NAGARABHAVI
BENGLAURU - 560 072.
97. SRI. S.L. PUJAR
S/O LATE L.N PUJAR
AGED ABOUT 76 YEARS,
NO. 437, 17TH CROSS, 15TH MAIN,
5TH PHASE, J P NAGAR, BENGLAURU.
98. SRI. N. CHANDRANNA,
S/O NARASIMHAIAH,
AGED ABOUT 76 YEARS,
NO. 160, 10TH CROSS, 2ND
MAIN NRUPATHUNGA NAGAR,
NGEF LAYOUT, NAGARBHAVI,
BENGALURU - 560072.
99. GANGA RANI,
W/O LATE GOVINDARAJU,
AGED ABOUT 68 YEARS
R/AT NO 150 NGEF LAYOUT
RMV II STAGE BENGALURU 560094.
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NC: 2024:KHC:6812-DB
RP No. 368 of 2023
100. SANGHA RASHMI
W/O LATE C POONURANGAM
AGED ABOUT 66 YEARS
R/AT NO 378 RAKSHINI NILAYAM
MUNINANJAPPA LAOUT II CROSS
RAMAMURTHY NAGAR
BENGALURU 560016.
101. SMT SHANTHA
W/O LATE V SRINIVASAREDDY
AGED ABOUT 71 YEARS
R/AT NO 70/3 G10TH STREET
JOGUPALYA HALASURU
BENGALURU 560008.
102. SMT JAYALAKSHMAMMA,
W/O LATE C KEMPAIAH,
AGED ABOUT 62 YEARS,
R/AT NO 39, 12TH MAIN RAGHAVENDRA BLOCK,
SRINAGAR, BENGALURU - 50.
103. SMT B M UMA,
W/O LATE B M SHANKARAIAH
AGED ABOUT 67 YEARS
R/AT NO 32/375 B 6TH MAIN B BLOCK
NEAR AMAR DHAM VINAYAKA NAGAR
KONENA AGRAHARA BENGALURU 560017.
104. TARADEVI
W/O LATE N C JAGADESSHA
AGED ABOUT 65 YEARS
R/AT NO 2339, 3RD STAGE, 16TH B CROSS
YELAHANKA NEW TOWN, BENGALURU 560064.
105. B K PADMINI
W/O LATE THIMMAIAH
AGED ABOUT 60 YEARS
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NC: 2024:KHC:6812-DB
RP No. 368 of 2023
R/AT 117 3RD MAINGURHALAKSHMI COLONY
2ND STAGE KAMALANAGR, BENGALURU 560079.
106. LAKSHMI BAI,
W/O LATE R LAKSHMAN RAO,
AGED ABOUT 63 YEARS,
R/AT NO 4/8, 7TH CROSS,
SRIRAMAPURAM, BENGALURU 560021.
...RESPONDENTS
(BY SRI VISHWANATH R HEGDE, ADVOCATE)
THIS REVIEW PETITION IS FILED UNDER SECTION 114
R/W ORDER 47 RULE 1 OF CPC, PRAYING THAT THIS HON'BLE
COURT BE PLEASED, IN THE INTERESTS OF JUSTICE AND
EQUITY.
(A) TO REVIEW THE SAID ORDER DATED 21/06/2023
PASSED IN OSA NO. 12/2022. (ANNEXURE-A).
(B) PASS SUCH OTHER ORDERS / OR DIRECTIONS AS
THIS HONBLE COURT MAY DEEM FIT AND PROPER IN THE
FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
R DEVDAS J., MADE THE FOLLOWING:
ORDER
This review petition has been preferred by the appellant which had filed an appeal under Section 483 of the Companies Act, 1956 seeking to assail the order dated 09.06.2022 passed by the learned Single Judge in a petition which was filed by the former workmen of the Company. The learned Single Judge had allowed the Company Application in part and had directed the Company to pay interest @ 4% p.a. on the amount
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NC: 2024:KHC:6812-DB RP No. 368 of 2023 adjudicated by the Official Liquidator to be payable from the date of reliving till the date of payment.
2. The Nodal Officer of the Company had preferred the appeal and it was contended on behalf of the appellant that the learned Single Judge had erred in applying Rule 179 of the Companies (Court) Rules, 1959 to the facts of the instant case and further, that there is neither any order for winding up of the Company nor any amount is in surplus with the Company and therefore, the question of directing payment of interest to the workmen would not arise.
3. Learned counsel for the review petitioner once again makes the same submissions that application of Rule 179 to the facts and circumstances of this case would be incorrect having regard to the fact that a permanent order of stay was passed on 22.06.2017 staying the order of winding up dated 3.8.2004. In order to support the contention of the learned counsel, the learned counsel has drawn the attention of this Court to a decision of the Hon'ble Apex Court in the case of RADHESHYAM AJITSARIA vs BENGAL CHATKAL
- 23 -
NC: 2024:KHC:6812-DB RP No. 368 of 2023 MAZDOOR UNION, (2006) 11 SSC 771 wherein it was held in paragraph 46 as follows:
46: In any event since the Company is functioning as a going concern on and from the date of implementation of the scheme of arrangement as formulated and approved by the High Court as well as this Court, the question of the workers at this stage when the winding-up proceedings, have been permanently stayed under Section 466 of the Companies Act, 1956 to state to have a better claim by virtue of Section 529-A of the Companies Act, 1956 does not and cannot arise. The workers having a priority over creditors can come into play only when the winding-up process is in motion and the Official Liquidator takes steps to formalize winding up. In the instant case, after the scheme had been sanctioned, the question of winding up would arise only if the order of permanent stay granted was to be lifted on any party's complaining of failure of the scheme or inability on the part of the Company to make payments either in terms of the scheme or otherwise. The contention to the contrary raised by Mr Nariman has no force.
4. Learned counsel would further reiterate the submissions that the decision in the case of SHREE CHAMUNDI MOPEDS LTD. vs SHURCH OF SOUTH INDIA TRUST ASSOCIATION CSI CINOD SECRETARIAT, MADRAS (1992) 3 SCC 1 which was relied upon by this Court would not be applicable to the facts and circumstances of this case.
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NC: 2024:KHC:6812-DB RP No. 368 of 2023
5. Having regard to the submissions made by the learned counsel for the review petitioners, this Court is of the considered opinion that the contentions of the appellant on similar lines have been considered and a decision has been rendered by this Court upholding the orders passed by the learned Single Judge. Rule 179 has been considered having regard to the submissions made by the appellant that the said Rules would not be applicable to the facts and circumstances of this case.
6. In that view of the matter, this Court is of the considered opinion that such reiteration of the submissions made earlier in the appeal cannot be construed as an error apparent on the face of the record. The appellant may have a good ground to challenge the orders passed by this Court. However, this Court is not convinced that the review petitioner has been able to point out any error apparent on the face of the record which is the requirement of a review petition having regard to the limited scope available under Section 114 of the Code of Civil Procedure.
- 25 -
NC: 2024:KHC:6812-DB RP No. 368 of 2023 For the reasons stated above, we do not find any reason to allow the review petition. Accordingly, review petition stands dismissed.
Sd/-
JUDGE Sd/-
JUDGE BRN List No.: 1 Sl No.: 13