Karnataka High Court
India Awake For Transparency vs Hasham Investment And Trading on 15 March, 2023
Author: Krishna S Dixit
Bench: Krishna S Dixit
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CA NO. 299 Of 2020
IN COP NO.182 OF 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
CA NO.299 OF 2020
IN
COP NO. 182 OF 2014
BETWEEN:
INDIA AWAKE FOR TRANSPARENCY,
A NOT FOR PROFIT COMPANY INCORPORATED UNDER
SECTION 25 OF THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT D-1,
SRISHTI CRESENDO, NO.24, DESIKA ROAD,
CHENNAI- 600 004, TAMIL NADU.
REPRESENTED BY ITS AUTHORISED SIGNATORY
MR. R SUBRAMANIAN.
...APPLICANT
(BY SRI. SHAKEER ABBAS M, ADVOCATE)
AND:
Digitally signed
by SHARADA 1. HASHAM INVESTMENT AND TRADING
VANI B
COMPANY PRIVATE LIMITED.,
Location:
HIGH COURT REGISTERED OFFICE AT NO 134, DODDAKANNELLI,
OF NEXT TO WIPRO CORPORATE OFFICE,
KARNATAKA
SARJAPUR ROAD, BANGALORE 560 035,
KARNATAKA,
REPRESENTED BY ITS DIRECTOR.
2. UNION OF INDIA,
REPRESENTED HEREIN BY
THE REGIONAL DIRECTOR,
DEPARTMENT OF COMPANY AFFAIRS,
3RD FLOOR, CORPORATE BHAWAN,
BANDLAGUDA, NAGOLE, TATTIANNARAM VILLAGE,
HAYAT NAGAR MANDAL,
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CA NO. 299 Of 2020
IN COP NO.182 OF 2014
RANGA REDDY DISTRICT,
HYDERABAD 500 068, TELANGANA.
3. OFFICIAL LIQUIDATOR,
(ATTACHED TO HIGH COURT OF KARNATAKA),
KENDRIYA SADAN, D AND F WING, 4TH FLOOR,
KORAMANGALA, BENGALURU 560 034.
4. AZIM PREMJI,
S/O LATE MUHAMMED HASHIM PREMJI,
AGED ABOUT 70 YEARS,
RESIDING AT SURVEY NO 75, 133, 135/1, 136/1,
DODDAKANNALLI VILLAGE, SARJAPUR ROAD,
BENGALURU - 560 035.
5. RESERVE BANK OF INDIA,
CENTRAL OFFICE FORT,
MUMBAI 400 001,
REPRESENTED BY ITS GOVERNOR.
6. REGISTRAR OF COMPANIES,
E WINE, 2ND FLOOR, KENDRIYA SADANA,
KORAMANGALA, BENGALURU 560 034.
7. M/S RAMRAJ & CO
CHARTERED ACCOUNTANTS, 65,
4TH FLOOR, 29TH A CROSS,
GEETHA COLONY, 4TH BLOCK,
JAYANAGAR, BENGALURU 560 011.
8. P V SRINIVASAN,
DIRECTOR, HASHAM INVESTMENT AND
TRADING COMPANY PRIVATE LIMITED,
S/O VASUDEVAN,
AGED ABOUT 56 YEARS, DIRECTOR,
HASHAM INVESTMENT AND TRADING
COMPANY PRIVATE LIMITED.,
RESIDING AT NO 524, 16TH CROSS,
INDIRANAGAR 2ND STAGE, BENGALURU 560 038.
9. YASMEEN AZIM PREMJI,
DIRECTOR HASHAM INVESTMENT
AND TRADING COMPANY PRIVATE LIMITED.,
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CA NO. 299 Of 2020
IN COP NO.182 OF 2014
W/O AZIM PREMJI,
AGED ABOUT 68 YEARS,
RESIDING AT SURVEY NO 75,133,135/1, 136/1,
DODDAKANNALLI VILLAGE, SARJAPUR ROAD,
BENGALURU 560 035.
... RESPONDENTS
(BY SRI. SAJI P JOHN, ADVOCATE FOR R1)
THIS APPLICATION IS FILED UNDER ORDER VI RULE 16
OF THE CODE READ WITH COMPANIES COURT RULES,
PRAYING TO DIRECT THAT THE PLEADINGS OF THE 1ST AND
9TH RESPONDENTS AS SET OUT IN PARAS 23,25 AND 27 OF
THIS APPLICATION BE DIRECTED TO BE STUCK OFF AND ETC.,
THIS APPLICATION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-
ORDER
The Application in CA No.299/2020 is permitted to be withdrawn in terms of the Memo which reads as under:
"That in proceedings in KA 1177- 1179/2021, On the file of Hon'ble of Apex Court, Petitioner herein has undertaken to withdraw all complaints filed against the Respondents in the said petition. The relevant portion of the order dated 10.03.2022 of the Hon'ble Apex Court is copied here in below " The other aspects are set out in Annexure-A from Serial No.2 to Serial No.8, which read as under:"2. Applications for withdrawal of the various proceedings pending before courts, tribunals, statutory authorities and govt departments, which should specifically state that the proceedings initiated, and complaints and representation made against the Appellants and their group (which term 6 should be understood in a comprehensive -4- CA NO. 299 Of 2020 IN COP NO.182 OF 2014 manner to include all Group companies, firms, and other entities of Mr.Azim Premji and also their Directors, partners, and officers and present and past auditors and other associated professionals including Senior Advocates and Advocates) were founded on incorrect understanding of facts and legal provisions and that accordingly the same should be dismissed as withdrawn. A list of such proceedings to the best of the knowledge of the Appellant is annexed as Annexure-B here. Mr.R.Subramanian to state whether there are nay other proceedings, complaints, representations pending before any other court, tribunal, authority and also submit similar applications for withdrawal in respect of the same Mr.R.Subramanian may be directed to furnish a copy of each of such withdrawal application to the Appellants and also to file a compliance report to this Hon'ble Court confirming withdrawal of all the proceedings and matters within 6 weeks."
2. That as undertaken before the Hon'ble Apex Court, The petition herein is being withdrawn as it was founded on incorrect understanding of facts and legal provisions. The petitioner seeks that accordingly the same should be dismissed as withdrawn.
It is therefore humbly prayed that the above petition be dismissed as withdrawn in the interest of justice."
Sd/-
JUDGE Bsv