Karnataka High Court
State Bank Of India vs United Breweries (Holdings) Limited on 25 January, 2017
Author: Vineet Kothari
Bench: Vineet Kothari
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JANUARY, 2017
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
CA No.1872/2014
in
Co.P.No.162/2013
BETWEEN
1. STATE BANK OF INDIA
A BANKING CORPORATION CONSTITUTED
UNDER THE STATE BANK OF INDIA ACT
1955 (23 OF 1955)
HAVING ITS CORPORATE CENTRE AT
STATE BANK BHAVAN
MADAME CAMA ROAD
NARIMAN POINT
MUMBAI-400 021
AND HAVING ITS INDUSTRIAL
FINANCE BRANCH AT
61, RESIDENCY PLAZA
RESIDENCY ROAD
BANGALORE-25
2. AXIS BANK LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956, AND
A BANKING COMPANY WITHIN THE
MEANIGN OF SECTION (5(C) OF THE
BANKING REGULATION ACT, 1949, AND
HAVING ITS REGISTERED OFFICE AT
TRISHUL, THIRD FLOOR
OPP. SAMARTHESWAR TEMPLE
LAW GARDEN, ELLISBRIDGE
AHMEDABAD-380006
GUJARAT, INDIA
Date of order :25.01.2017 in CA No.1872/2014 in
Co.P.No.162/2013
State Bank of India and others
vs.
United Breweries (Holdings) Limited and another.
.
2/8
AND HAVING ITS OFFICE AT
AXIS HOUSE, C-2, WADIA INTERNATIONAL CENTE,
PANDURGANG BUDHKAR MARG
WORLI
MUMBAI-400025
3. BANK OF BARODA
A BODY CORPORATE UNDER THE
BANKING COMPANIES
(ACQUISITION AND TRANSFER OF UNDERTAIKING)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 11745
SAMATA BUILDING
GENERAL BHOSALE MARG
NARIMAN POINT
MUMBAI-400021
4. BANK OF INDIA
A BODY CORPORATE UNDER
THE BANKING COMPANIES
(ACQUISITION AND TRANSFER OF
UNDERTAIKING) ACT, 1970 AND
HAVING ITS HEAD OFFICE AT
STAR HOUSE. C-5, G BLOCK,
BANDRA KURLA COMPLEX,
BANDRA (E), MUMBAI-400051
AND HAVING ITS LARGE CORPORATE BRANCH
AT GROUND FLOOR ORIENTAL BUILDING
364, D.N. ROAD, FORT
MUMBAI-400001
Date of order :25.01.2017 in CA No.1872/2014 in
Co.P.No.162/2013
State Bank of India and others
vs.
United Breweries (Holdings) Limited and another.
.
3/8
5. CENTRAL BANK OF INDIA
A BODY CORPORATE CONSTITUTED
UNDER THE BANKING COMPANIES
(ACQUISITION AND TRANSFER OF
UNDERTAIKING) ACT, 1980
HAVING ITS CORPORATE OFFICE AT
CHANDRAMUKHI, NARIMAN POINT
MUMBAI-560021
AND HAVING ITS CORPORATE FINANCE
BRANCH (EARLIER KNOWN AS
INDUSTRIAL FINANCE BRANCH)
AT CHANDRAMUKHI
GROUND FLOOR, NARIMAN POINT
MUMBAI-560 021.
6. CORPORATION BANK
A BODY CORPORATE UNDER
BANKING COMPANIES (ACQUISITION AND
TRANSFER OF UNDERTAKING) ACT, 1980
(40 OF 1980) HAVING ITS
CORPORATE OFFICE AT
MANGALADEVI TEMPLE ROAD
PANDESHWAR
MANGALORE-575 001.
AND HAVING ITS INDUSTRIAL
FINANCE BRANCH AT
RALLARAM MEMORIAL BLDG.,
1ST FLOOR, CSI COMPOUND
MISSION ROAD
BENGALURU-560 027.
7. THE FEDERAL BANK LIMITED
A COMPANY WITHIN THE
MEANING OF THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT
Date of order :25.01.2017 in CA No.1872/2014 in
Co.P.No.162/2013
State Bank of India and others
vs.
United Breweries (Holdings) Limited and another.
.
4/8
FEDERAL TOWERS
ALUVA-683101, KERALA
AND HAVING ITS BRANCH
OFICE AT ST MARKS ROAD
9, HALCYON ROAD
ST MARKS ROAD
BANGALORE-560001.
8. 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-400 005
MAHARASHTRA INDIA.
AND ACTING THROUGH ITS BRANCH
OFFICE AT CORPORATE BANKING GROUP-FAMG
9TH FLOOR, IDBI TOWER
WTC COMPLEX
CUFFE PARADE, COLABA
MUMBAI-400005
9. INDIAN OVERSEAS BANK
A BODY CORPORATE UNDER THE
BANKING COMPANIES
(ACQUISITION AND TRANSFER OF
UNDERTAKING) ACT, 1970
HAVING ITS CENTRAL OFFICE AT
763, ANNA SALAI,
CHENNAI-600002
Date of order :25.01.2017 in CA No.1872/2014 in
Co.P.No.162/2013
State Bank of India and others
vs.
United Breweries (Holdings) Limited and another.
.
5/8
AND ITS BRANCH OFFICE AT
HARIKRIPA, 26-A, S.V.ROAD,
SANTACRUZ (W), MUMBAI-400 054.
10. JAMMU & KASHMIR BANK LIMITED
A BANKING COMPANY INCORPORATED
UNDER THE PROVISIONS 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.SAVARKER MARG
MAHIM (WEST), MUMBAI-400 016
11. PUNJAB & SIND BANK
A BODY CORPORATE UNDER
BANKING COMPANIES (ACQUISITION
AND TRANSFER OF UNDERTAKING) ACT, 1980
HAVING ITS HEAD OFFICE AT
21, RAJENDRA PLACE
NEW DELHI-110008
AND HAVING AMONGST OTHERS
A BRANCH OFFICE AT
J.K.SOMANI BUILDING
BRITISH HOTEL LANE
FORT, MUMBAI-400 023.
12. PUNJAB NATIONAL BANK
A BODY CORPORATE UNDER
BANKING COMPANIES (ACQUISITION
AND TRANSFER OF UNDERTAKING)
ACT, 1970(5 OF 1970)
Date of order :25.01.2017 in CA No.1872/2014 in
Co.P.No.162/2013
State Bank of India and others
vs.
United Breweries (Holdings) Limited and another.
.
6/8
HAVING ITS HEAD OFICE AT
7, BHIKAJI CAMA PLACE
NEW DELHI-110607
ACTING THROUGH ITS LARGE CORPORATE BRANCH
AT CENTENARY BUILDING, 28
M.G.ROAD, BENGALURU-560 001.
13. STATE BANK OF MYSORE
A BODY CORPORATE CONSTITUTED
UNDER THE STATE BANK OF INDIA
(SUBSIDIARY BANKS) ACT, 1959
HAVING ITS HEAD OFFICE AT
KEMPE GOWDA ROAD
BENGALURU-560 009.
AND ITS CORPORATE ACCOUNTS
BRANCH AT NO.18, RAMANASHREE ARCADE
BANGALORE-560001.
14. UCO BANK
A BODY CORPORATE CONSTITUTED
UNDER THE BANKING COMPANIES
(ADQUISTION AND TRANSFER OF UNDERTAKINGS)
ACT, 1970 AND HAVING ITS
HEAD OFFICE AT
10, BTM SARANI
KOLKATA-700 001.
WEST BENGAL, INDIA.
AND ITS BRANCH OFFICE AT
1ST FLOOR, 13/22,
K.G.ROAD, BENGALURU-560 009.
...APPLICANTS
(BY SRI S.S.NAGANAND, SR. ADV. FOR
SRI SHRIKARA P.K, ADV. FOR
DUA ASSOCIATES, ADVOCATES)
Date of order :25.01.2017 in CA No.1872/2014 in
Co.P.No.162/2013
State Bank of India and others
vs.
United Breweries (Holdings) Limited and another.
.
7/8
AND
1. UNITED BREWERIES (HOLDINGS) LIMITED
A PUBLIC COMPANY INCORPORATED
UNDER THE COMPANIES ACT, 1956 AND
HAVING ITS REGISTERED OFFICE AT
UB TOWER, LEVEL 12
UB CITY, 24, VITTAL MALLYA ROAD
BENGALURU-560001
KARNATAKA, INDIA
APPLICANT:
JM FINANCIAL ASSET RECONSTRUCTION
COMPANY PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE
AT 7TH FLOOR, CNERGY
APPASAHEB MARATHE MARG
PRABHADEVI, MUMBAI-400 025
REPRESENTED BY ITS
AUTHORIZED REPRESENTATIVE
MR.S.RANGA VILLAL.
...RESPONDENT
(BY SRI UDAY HOLLA, SR. ADV. FOR
FOR M/S.HOLLA & HOLLA, ADVOCATES)
THIS COMPANY APPLICATION IS FILED UNDER RULE 9 OF
THE COMPANIES(COURT) RULES 1959 R/W ORDER I RULE
10(2) AND SECTION 151 OF THE CODE OF CIVIL PROCEDURE,
1908 PRAYING TO PERMIT THE APPLICANT/ASSIGNEE TO BE
SUBSTITUTED IN PLACE OFHTE PETITIONER NO.4 (BANK OF
INDIA) AND PETITIONER 5 (CENTRAL BANK OF INDIA), IN THE
INTEREST OF JUSTICE AND EQUITY.
Date of order :25.01.2017 in CA No.1872/2014 in
Co.P.No.162/2013
State Bank of India and others
vs.
United Breweries (Holdings) Limited and another.
.
8/8
THIS COMPANY APPLICATION COMING ON FOR ORDERS
ON 'For Being Spoken to' THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Mr. S.S.Naganand, Sr. Adv. for Mr. Shrikara P.K, Adv. for Dua Associates for petitioners/applicant. Mr. Uday Holla, Sr. Adv. for For M/s.Holla & Holla, Advs. for Respondent.
C.A.No.1872/2014 is allowed.
Amended cause-title is taken on record.
Sd/-
JUDGE mv