Karnataka High Court
Surendra Elastomers Private Limited vs Falcon Tyres Limited on 4 October, 2023
-1-
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
COP NO.48/2014
C/W.
CA NO.403/2015, CA NO.70/2017, COP NO.182/2013,
CA NO.953/2015, COP NO.183/2013, CA NO.962/2015,
COP NO.245/2014, CA NO.961/2015, COP NO.246/2014,
CA NO.956/2015, COP NO.247/2014, CA NO.959/2015,
COP NO.9 OF 2015, CA NO.18/2015, CA NO.957/2015,
COP NO.37/2015, CA NO.960/2015, COP NO.44/2015, CA
NO.955/2015, COP NO.46/2015, CA NO.958/2015, COP
NO.67/2015, CA NO.951/2015, COP NO.95/2015, CA
NO.952/2015, COP NO.193/2015, CA NO.950/2015, COP
NO.210/2015, CA NO.1065/2015, COP NO.239/2015
Digitally
signed by H & COP NO.55/2016.
K HEMA
Location: IN COP NO.48 OF 2014:
High Court BETWEEN:
of Karnataka
1. ICICI BANK LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956
AND HAVING ITS REGISTERED OFFICE AT
LANDMARK, RACE COURSE CIRCLE
VADODARA-390 007
AND HAVING ITS BRANCH OFFICE AT
ICICI TOWERS, FIRST FLOOR, WEST WING
NO.1, COMMISSARIAT ROAD
-2-
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
BANGALORE
REPRESENTED BY CHIEF MANAGER,
MS. KAVITA SHETTY.
...PETITIONER
(BY SMT. NALINA MAYEGOWDA, ADVOCATE)
AND:
1. FALCON TYRES LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT KRS ROAD,
METAGALLI, MYSORE-570 016.
...RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS COMPANY PETITION IS FILED UNDER SECTIONS
433 (e) & 434 OF THE COMPANIES ACT, 1956, PRAYING TO
PASS ORDERS TO THE EFFECT THAT, THE RESPONDENT,
FALCON TYRES LIMITED, WITH ITS REGISTERED OFFICE AT
KRS ROAD, METAGALLI, MYSORE-570 016, BE WOUND UP
UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 AND
THAT THE OFFICEIAL LIQUIDATOR ATTACHED TO THIS
HON'BLE COURT BE APPOINTED AS THE LIQUIDATOR TO TAKE
CHARGE OF THE ASSETS, PROPERTIES, STOCK IN TRADE AND
BOOKS OF ACCOUNTS OF THE RESPONDENT AND ETC.
IN CA NO.403 OF 2015:
BETWEEN:
1. ICICI BANK LIMITED
AND IN THE MATTER OF ICICI BANK LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT LANDMARK,
RACE COURSE CIRCLE
VADODARA-390 007
HAVING ITS BRANCH OFFICE AT ICICI TOWERS
FIRST FLOOR WEST WING NO.1
-3-
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
COMMISSARIAT ROAD
BANGALORE, REP. BY ITS CHIEF MANAGER
MS. KAVITA SHETTY.
...APPLICANT
(BY SRI CLIFTON D. ROZARIO, ADVOCATE)
AND:
1. FALCON TYRES LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT KRS ROAD,
METAGALLI, MYSORE-570 016.
IMPLEADING APPLICANT:
FALCON TYRES EMPLOYEES UNION ®
REG. NO.MYS 127/76
HAVING ITS REGISTERED ADDRESS AT
M/S. FALCON TYRES LTD.
K.R.S. ROAD, METAGALLI POST
MYSORE-570 016
REPRESENTED BY ITS GENERAL SECRETARY
SHRI NANJUNDASWAMY.
... RESPONDENT
THIS COMPANY APPLICATION IS FILED UNDER RULES 6 &
9 OF THE COMPANIES (COURT) RULES, 1959 READ WITH 1
RULE 10 AND SECTION 151 OF THE CODE OF CIVIL
PROCEDURE, PRAYING TO PERMIT THEM TO COME ON RECORD
AS AN ADDITIONAL RESPONDENT IN THE ABOVE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
IN CA NO.70 OF 2017:
BETWEEN:
1. ICICI BANK LIMITED
REGD. OFFICE AT LANDMARK,
RACE COURSE CIRCLE,
-4-
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
VADODARA-390 007.
...APPLICANT
(BY SMT. ANUPARNA BORDOLOI, ADVOCATE)
1. EDELWEISS ASSET RECONSTRUCTION CO. LTD.
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956, REGISTERED AS AN ASSET
RECONSTRUCTION COMPANY PURSUANT TO
SECTION 3 OF SARFAESI ACT, 2002,
REGISTERED OFFICE AT EDELWEISS HOUSE,
OFF C.S.T. ROAD, KALINA
MUMBAI-400 098, ACTING IN ITS CAPACITY AS TRUSTEE
OF EARC TRUST-SC 217.
... SUBSTITUTING APPLICANT
AND:
1. FALCON TYRES LIMITED
REGD. OFFICE AT KRS ROAD,
METAGALLI, MYSORE-570 016.
... RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS COMPANY APPLICATION IS FILED UNDER SECTION
5(5) READ WITH SECTION 3 OF THE SECURITISATION &
RECONSTRUCTION OF FINANCIAL ASSETS & ENFORCEMENT OF
SECURITY INTEREST ACT, 2002 READ WITH RULE 11 OF THE
COMPANY (COURT) RULES, 1959, PRAYING TO SUBSTITUTE
THE NAME OF THE SUBSTITUTING APPLICANT HEREIN AS
PETITIONER IN THE PLACE OF AND INSTEAD OF THE ICICI
BANK LIMITED, IN THE PROCEEDINGS IN THE ABOVE
PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.
IN COP NO. 182 OF 2013:
BETWEEN:
1. MEEN BEEN ELASTOMERS PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT
-5-
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
NO.56/58, DADAJI DHAKJEE BUILDING,
GARIBDAS STREET, MUBMAI
MAHARASHTRA-400 003.
2. S.R.I. IMPEX PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT NO.101,
RADHKA, 55, GULMOHAR ROAD,
JUHU SCHEME, VILE PARLA (W)
MUMBAI-400 049
BOTH ARE REPRESENTED BY THEIR DIRECTOR
MR. SURENDR PAREKH.
...PETITIONERS
(BY SRI PRAVEEN PRABHAKAR, ADVOCATE)
AND:
1. FALCON TYRES LIMITED
HAVING ITS REGISTERD OFFICE AT
K.R.S. ROAD, METAGALLI, MYSORE
KARNATAKA-570 016
REPRESENTED BY ITS DIRECTOR.
2. MONOTONA TYRES LIMTED
HAVING ITS REGISTERED OFFICE AT
GUT NO.279, 286, 287(P)
DAKIVIL VILLAGE, BHIWANDI-WADA ROAD,
NEAR TANSA RIVER, WADA TALUK
THANE, REPRESENTED BY ITS DIRECTOR.
...RESPONDENTS
(BY SRI N. SHARATH, ADVOCATE FOR R.1;
SRI DEEPAK S. SARANGMATH, ADVOCATE FOR R.2.)
THIS COMPANY PETITION IS FILED UNDER SECTIONS
UNDER SECTIONS 433[e] AND [f] READ WTIH SECTION
434(1)(A) AND SECTION 439(1)(A)(B) OF THE COMPANIES
ACT, 1956, PRAYING TO PASS AN ORDER OF WINDING UP OF
THE RESPONDENT NO.1 COMPANY, FALCON TYRES LIMITED,
HAVING ITS REGISTERED OFFICE AT K.R.S ROAD, METAGALLI,
-6-
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
MYSORE, KARNATAKA-570 016, UNDER THE PROVISIONS OF
THE COMPANIES ACT, 1956 AND ETC
IN CA NO.953 OF 2015:
BETWEEN:
1. MEEN BEEN ELASTOMERS PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT NO.56/58,
DADAJI DHAKJEE BUILDING,
GARIBDAS STREET
MUMBAI, MAHARASHTRA-400 003
REPRESENTED BY THEIR
DIRECTOR MR. SURENDRA PAREKH.
2. S.R.I. IMPEX PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT NO.101,
RADHKA, 55, GULMOHAR ROAD,
JUHU SCHEME, VILE PARLA (W)
MUMBAI-400 049
REPRESENTED BY THEIR
DIRECTOR MR. SURENDER PAREKH.
...APPLICANTS
(BY SRI CLIFTON D. ROZARIO, ADVOCATE)
AND:
1. FALCON TYRES LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT KRS ROAD,
METAGALLI, MYSORE-570 016.
2. MONOTONA TYRES LIMITED
HAVING ITS REGISTERED OFFICE AT GUT NO.279,
286, 287 (P), DAKIVIL VILLAGE,
BHIWANDI WADA ROAD,
NEAR TANSA RIVER, WADA TALUK, THANE
-7-
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
IMPLEADING APPLICANT:
FALCON TYRES EMPLOYEES UNION ®
REG.NO.MYS 127/76
HAVING ITS REGISTERED ADDRESS AT
M/S. FALCON TYRES LTD.
K.R.S. ROAD, METAGALLI POST,
MYSORE-570 016
REPRESENTED BY ITS GENERAL SECRETARY,
SHRI. NANJUNDASWAMY.
...RESPONDENTS
(BY SRI N. SHARATH, ADVOCATE FOR R.1;
SRI DEEPAK S. SARANGMATH, ADVOCATE FOR R.2.)
THIS COMPANY APPLICATION IS FILED UNDER RULES 6 &
9 OF THE COMPANIES (COURT) RULES, 1959 READ WITH
ORDER 1 RULE 10 AND SECTION 151 OF THE CODE OF CIVIL
PROCEDURE, PRAYING TO PERMIT THEM TO COME ON RECORD
AS AN ADDITIONAL RESPONDENT IN THE ABOVE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
IN COP NO.183 OF 2013:
BETWEEN:
1. SURENDRA ELASTOMERS PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE
AT NO.56/58, DADAJI DHAKJEE BUILDING,
GARIBDAS STREET, MUMBAI
MAHARASHTRA-400 003
2. S.R.I IMPEX PVT LTD
HAVING ITS REGISTERED OFFICE
AT NO.56/58, DADAJI DHAKJEE BUILDING,
GARIBDAS STREET, MUMBAI,
MAHARASHTRA-400 003.
REPRESENTED BY THEIR
BOTH ARE REPRESENTED BY THEIR
DIRECTOR MR. SURNEDRA PAREKH.
-8-
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
...PETITIONERS
(BY SRI PRAVEEN PRABHAKAR, ADVOCATE)
AND:
1. FALCON TYRES LIMITED
HAVING ITS REGISTERED OFFICE
AT K.R.S. ROAD, METAGALLI
MYSORE, KARNATAKA-570 016
REPRESENTED BY THEIR DIRECTOR/S.
2. MONOTONA TYRES LIMITED
HAVING ITS REGISTERED OFFICE
AT GUT NO.279, 286, 287(P)
DAKIVIL VILLAGE, BHIWANDI-WADA ROAD,
NEAR TANSA RIVER, WADA TALUK, THANE
REPRESENTED BY ITS DIRECTOR/S.
...RESPONDENTS
(BY SRI N. SHARATH, ADVOCATE FOR R.1;
SRI DEEPAK S. SARANGMATH, ADVOCATE FOR R.2.)
THIS COMPANY PETITION IS FILED UNDER SECTIONS
433(e) & (f) READ WITH SECTION 434(1)(A) AND SECTION
439(1) (B) OF THE COMPANIES ACT, 1956, PRAYING TO PASS
AN ORDER OF WINDING UP OF THE RESPONDENT NO.1
COMPANY, FALCON TYRES LIMITED, HAVING ITS REGISTERED
OFFICE AT K.R.S ROAD, METAGALLI, MYSORE, KARNATAKA-
570 016, UNDER THE PROVISIONS OF THE COMPANIES ACT,
1956 AND ETC.
IN CA NO.962 OF 2015:
BETWEEN:
1. SURENDRA ELASTOMERS PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT NO.56/58,
DADAJI DHAKJEE BUILDING,
GARIBDAS STREET MUMBAI
MAHARASHTRA-400 003
-9-
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
REPRESENTED BY THEIR DIRECTOR
MR. SURENDRA PAREKH.
2. S.R.I. IMPEX PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT NO.101,
RADHKA, 55, GULMOHAR ROAD,
JUHU SCHEME, VILE PARLA (W)
MUMBAI-400 049
REPRESENTED BY THEIR
DIRECTOR MR. SURENDR PAREKH.
...APPLICANTS
(BY SRI CLIFTON D. ROZARIO, ADVOCATE)
AND:
1. FALCON TYRES LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT
KRS ROAD, METAGALLI
MYSORE-570 016.
2. MONOTONA TYRES LIMITED
HAVING ITS REGISTERED OFFICE AT
GUT NO.279, 286, 287(P)
DAKIVIL VILLAGE, BHIWANDI WADA ROAD,
NEAR TANSA RIVER, WADA TALUK, THANE
IMPLEADING APPLICANT:
FALCON TYRES EMPLOYEES UNION ®
REG.NO.MYS 127/76
HAVING ITS REGISTERED ADDRESS AT
M/S. FALCON TYRES LTD.
K.R.S. ROAD, METAGALLI POST,
MYSORE-570 016
REPRESENTED BY ITS GENERAL SECRETARY
SHRI. NANJUNDASWAMY.
... RESPONDENTS
- 10 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
(SRI N. SHARATH, ADVOCATE FOR R.1;
SRI DEEPAK S. SARANGMATH, ADVOCATE FOR R.2)
THIS COMPANY APPLICATION IS FILED UNDER RULES 6 &
9 OF THE COMPANIES (COURT) RULES, 1959 READ WITH 1
RULE 10 AND SECTION 151 OF THE CODE OF CIVIL
PROCEDURE, PRAYING TO PERMIT THEM TO COME ON RECORD
AS AN ADDITIONAL RESPONDENT IN THE ABOVE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
IN COP NO.245 OF 2014:
BETWEEN:
1. M/S. INTERNATIONAL RUBBER TRADING COMPANY
MEENACHIL PANCHAYATH,
VII/310, PAIKA, POOVARANY P.O.,
KERALA-686 577,
REPRESENTED BY ITS PROPRIETOR
SMT. THANKAMMA GEORGE.
...PETITIONER
(BY SRI JOSE SEBASTIAN, ADVOCATE)
AND:
1. M/S. FALCON TYRES LIMITED
COMPANY INCORPORATED UNDER THE PROVISIONS
OF THE COMPANIES ACT, 1956 AND HAVING ITS
REGISTERED OFFICE AT KRS ROAD,
METAGALLI POST, MYSORE-570 016
REPRESENTED BY ITS
MANAGING DIRECTOR/COMPANY SECRETARY.
...RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS PETITION IS FILED UNDER SECTION 433[e], 433[f]
AND 434 OF THE COMPANIES ACT, 1956 AND RULE 95 OF THE
COMPANIES [COURT] RULES, 1959, PRAYING TO ORDER FOR
THE WINDING UP OF M/S.FALCON TYRES LIMITED HAVING ITS
- 11 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
REGISTERED OFFICE AT KRS ROAD, METAGALLI, MYSORE-
570016, KARNATAKA, INDIA RESPONDENT COMPANY AND ETC.
IN CA NO.961 OF 2015:
BETWEEN:
1. M/S. INTERNATIONAL RUBBER TRADING COMPANY
MEENACHI PANCHAYATH,
VII/310, PAIKA,
POOVARANY P.O., KERALA-686 577
REPRESENTED BY ITS PROPRIETOR
SMT. THANKAMMA GEORGE.
...APPLICANT
(BY SRI CLIFTON D. ROZARIO, ADVOCATE)
AND:
1. FALCON TYRES LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT
KRS ROAD, METAGALLI
MYSORE-570 016.
IMPLEADING APPLICANT:
FALCON TYRES EMPLOYEES UNION ®
REG.NO.MYS 127/76
HAVING ITS REGISTERED ADDRESS AT
M/S. FALCON TYRES LTD.
K.R.S. ROAD, METAGALLI POST,
MYSORE-570 016
REPRESENTED BY ITS GENERAL SECRETARY
SHRI. NANJUNDASWAMY.
... RESPONDENT
(SRI N. SHARATH, ADVOCATE)
THIS COMPANY APPLICATION IS FILED UNDER RULES 6 &
9 OF THE COMPANIES (COURT) RULES, 1959 READ WITH 1
- 12 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
RULE 10 AND SECTION 151 OF THE CODE OF CIVIL
PROCEDURE, PRAYING TO PERMIT THEM TO COME ON RECORD
AS AN ADDITIONAL RESPONDENT IN THE ABOVE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
IN COP NO.246 OF 2014:
BETWEEN:
1. M/S. TONY RUBBERS
MOOZHOOR BUILDING, NO.IX/266,
AKALAKUNNAM PANCHAYATH,
MOOZHOOR P.O. KOTTAYAM,
KERALA-686 503
REPRESENTED BY ITS SOLE PROPRIETOR
MOLLY TOMY.
...PETITIONER
(BY SRI JOSE SEBASTIAN, ADVOCATE)
AND:
1. M/S. FALCON TYRES LIMITED
COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956
AND HAVING ITS
REGISTERED OFFICE AT KRS ROAD
METAGALLI POST, MYSORE-570 016
REPRESENTED BY ITS
MANAGING DIRECTOR/COMPANY SECRETARY.
...RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS PETITION IS FILED UNDER SECTION 433[e], 433[f]
AND 434 OF THE COMPANIES ACT, 1956 AND RULE 95 OF THE
COMPANIES [COURT] RULES, 1959, PRAYING TO ORDER FOR
THE WINDING UP OF M/S.FALCON TYRES LIMITED HAVING ITS
REGISTERED OFFICE AT KRS ROAD, METAGALLI, MYSORE-
570016, KARNATAKA, INDIA RESPONDENT COMPANY AND ETC.
- 13 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
IN CA NO.956 OF 2015:
BETWEEN:
1. M/S. TONY RUBBERS, MOOZHOOR BUILDING,
NO.IX/266, AKALAKUNNAM PANCHAYATH,
MOOZHOOR P.O., KOTTAYAM, KERALA-686 503.
...APPLICANT
(BY SRI CLIFTON D. ROZARIO, ADVOCATE)
AND:
1. FALCON TYRES LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT KRS ROAD,
METAGALLI, MYSORE-570 016.
IMPLEADING APPLICANT:
FALCON TYRES EMPLOYEES UNION ®
REG.NO.MYS 127/76
HAVING ITS REGISTERED ADDRESS AT
M/S. FALCON TYRES LTD.
K.R.S. ROAD, METAGALLI POST,
MYSORE-570 016, REPRESENTED BY ITS
GENERAL SECRETARY, SHRI. NANJUNDASWAMY.
...RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS COMPANY APPLICATION IS FILED UNDER RULES 6 &
9 OF THE COMPANIES (COURT) RULES, 1959 READ WITH 1
RULE 10 AND SECTION 151 OF THE CODE OF CIVIL
PROCEDURE, PRAYING TO PERMIT THEM TO COME ON RECORD
AS AN ADDITIONAL RESPONDENT IN THE ABOVE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
IN COP NO.247 OF 2014:
BETWEEN:
1. M/S KOCHUKAROTTU RUBBERS
#VIII/426, THEKKETHIL BUILDING,
- 14 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
KOZHUVANAL GRAMA PANCHAYAT,
KOZHUVANAL P.O., KOTTAYAM,
KERALA-686 523,
REPRESENTED BY ITS SOLE PROPRIETOR
VARKEY MATHAI.
...PETITIONER
(BY SRI JOSE SEBASTIAN, ADVOCATE)
AND:
1. M/S FALCON TYRES LIMITED
COMPANY INCORPORATED UNDER THE PROVISION
OF THE COMPANIES ACT, 1956 AND HAVING ITS
REGISTERED OFFICE AT KRS ROAD,
METAGALLI POST, MYSORE-570 016
REPRESENTED BY ITS
MANAGING DIRECTOR/COMPANY SECRETARY.
...RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS PETITION IS FILED UNDER SECTION 433[e], 433[f]
AND 434 OF THE COMPANIES ACT, 1956 AND RULE 95 OF THE
COMPANIES [COURT] RULES, 1959, PRAYING TO ORDER FOR
THE WINDING UP OF M/S.FALCON TYRES LIMITED HAVING ITS
REGISTERED OFFICE AT KRS ROAD, METAGALLI, MYSORE-
570016, KARNATAKA, INDIA RESPONDENT COMPANY AND ETC.
IN CA NO.959 OF 2015:
BETWEEN:
1. M/S KOCHUKAROTTU RUBBERS
NO. VIII/426, THEKKETHIL BUILDING,
KOZHUVANAL GRAMA PANCHAYAT,
KOZHUVANAL P.O., KOTTAYAM,
KERALA-686 523,
REPRESENTED BY ITS SOLE PROPRIETOR
VARKEY MATHAI.
...APPLICANT
- 15 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
(BY SRI CLIFTON D. ROZARIO, ADVOCATE)
AND:
1. FALCON TYRES LIMITED
COMPANY INCORPORATED UNDER THE PROVISION
OF THE COMPANIES ACT, 1956 AND HAVING ITS
REGISTERED OFFICE AT KRS ROAD,
METAGALLI POST, MYSORE-570 016
IMPLEADING APPLICANT:
FALCON TYRES EMPLOYEES UNION ®
REG.NO.MYS 127/76
HAVING ITS REGISTERED ADDRESS AT
M/S. FALCON TYRES LTD.
K.R.S. ROAD, METAGALLI POST,
MYSORE-570 016
REPRESENTED BY ITS GENERAL SECRETARY
SHRI. NANJUNDASWAMY.
...RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS COMPANY APPLICATION IS FILED UNDER RULES 6 &
9 OF THE COMPANIES (COURT) RULES, 1959 READ WITH 1
RULE 10 AND SECTION 151 OF THE CODE OF CIVIL
PROCEDURE, PRAYING TO PERMIT THEM TO COME ON RECORD
AS AN ADDITIONAL RESPONDENT IN THE ABOVE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
IN COP NO.9 OF 2015:
BETWEEN:
1. LANXESS INDIA PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT
LANXESS HOUSE PLOT NO.A, 162-164
ROAD NO.27, MIDC, WAGLE ESTATE
- 16 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
THANE (W)-400 604
AND REPRESENTED BY ITS SENIOR
MANAGER-RUBBER DIVISIN
MR. ARINDAM GHOSH.
...PETITIONER
(BY SRI A. MURALI J. SAGAR ASSTS, ADVOCATE)
AND:
1. FALCON TYRES LIMITED
REGISTERED OFFICE AT K.R.S ROAD
METAGALLI, MYSORE-570 016
KARNATAKA.
...RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS PETITION IS FILED UNDER SECTIONS 433[e],
433[f] AND 434[1][a] READ WITH SECTION 439 OF THE
COMPANIES ACT, 1956, PRAYING THAT THE RESPONDENT,
VIZ., FALCON TYRES LIMITED HAVING ITS REGISTERED
OFFICE AT K.R.S. ROAD, METAGALLI, MYSORE-570016,
KARNATAKA, BE WOUND UP BY AN ORDER AND DIRECTION OF
THIS HON'BLE COURT UNDER THE PROVISIONS OF THE
COMPANIES ACT, 1956 AND ETC.
IN CA NO.18 OF 2015:
BETWEEN:
1. LANXESS INDIA PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT
LANXESS HOUSE PLOT NO.A, 162-164
ROAD NO.27, MIDC, WAGLE ESTATE
THANE (W)-400 604
AND REPRESENTED BY ITS SENIOR
MANAGER-RUBBER DIVISIN MR. ARINDAM GHOSH.
...APPLICANT
- 17 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
(BY SRI A. MURALI J. SAGAR, ADVOCATE)
AND:
1. FALCON TYRES LIMITED
REGISTERED OFFICE AT K.R.S ROAD
METAGALLI, MYSORE-570 016
KARNATAKA.
...RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS COMPANY APPLICATION IS FILED UNDER ORDER
XXXIX RULE 1 AND 2 OF THE CODE OF CIVIL PROCEDURE,
1908 READ WITH RULES 6 & 9 OF THE COMPANIES (COURT)
RULES, 1959, PRAYING TO ISSUE AN AD-INTERIM ORDER OF
TEMPORARY INJUNCTION THAT PENDING THE HEARING AND
FINAL DISPOSAL OF THIS PETITION, THE RESPONDENT BY
ITSELF AND /OR THROUGH ITS DIRETORS, OFFICERS,
EMPLOYEES, AGENTS BE RESTRAINED BY THE ORDER OF
INJUNCTION OF THIS HON'BLE COURT FROM IN ANY MANNER
DISPOSING OF, ENCUMBERING, TRANSFERRING, ALIENATING,
PARTING POSSESSION WITH OR OTHERWISE DEALING WITH
THE ASSETS AND / OR PROPERTIES OF THE RESPONDENT IN
ANY MANNER WHATSOEVER AND ETC.
IN CA NO.957 OF 2015:
BETWEEN:
1. LANXESS INDIA PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT LANXESS
HOUSE, PLOT NO.A 162-164 ROAD NO.27,
MIDC WAGLE ESTATE, THANE (W)-400 604
REPRESENTED BY ITS SENIOR MANAGER-RUBBER
DIVISIN MR. ARINDAM GHOSH.
...APPLICANT
(BY SRI CLIFTON D. ROZARIO, ADVOCATE)
AND:
1. FALCON TYRES LIMITED
- 18 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
COMPANY INCORPORATED UNDER THE PROVISION
OF THE COMPANIES ACT, 1956 AND HAVING ITS
REGISTERED OFFICE AT KRS ROAD,
METAGALLI POST, MYSORE-570 016
IMPLEADING APPLICANT:
FALCON TYRES EMPLOYEES UNION ®
REG.NO.MYS 127/76
HAVING ITS REGISTERED ADDRESS AT
M/S. FALCON TYRES LTD.
K.R.S. ROAD, METAGALLI POST,
MYSORE-570 016
REPRESENTED BY ITS GENERAL SECRETARY
SHRI. NANJUNDASWAMY.
...RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS COMPANY APPLICATION IS FILED UNDER RULES 6 &
9 OF THE COMPANIES (COURT) RULES, 1959 READ WITH
ORDER 1 RULE 10 AND SECTION 151 OF THE CODE OF CIVIL
PROCEDURE, PRAYING TO PERMIT THEM TO COME ON RECORD
AS AN ADDITIONAL RESPONDENT IN THE ABOVE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
IN COP NO.37 OF 2015:
BETWEEN:
1. M/S. MAGNIFICO MINERALS
PRIVATE LIMITED, HAVING ITS REGISTERED
OFFICE AT 75, KHIRKI VILLAGE,
MALVIYA NAGAR,
NEW DELHI-110 017
REPRESENTED BY ITS CHIEF GENERAL
MANAGER, FINANCE,
SRI RADHEY SHYAM AGGARWAL,
S/O. KALYAN CHAND AGGRWAL.
...PETITIONER
- 19 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
(BY SRI SHIVARUDRAPPA SHETKAR, ADVOCATE)
AND:
1. FALCON TYRES LIMITED
HAVING ITS REGISTERED OFFICE AT:
K.R.S ROAD, METAGALLI,
MYSURU, KARNATAKA
INDIA-570 061,
REPRESENTED BY ITS DIRECTOR.
...RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS PETITION IS FILED UNDER SECTIONS 433[e] & [f]
READ WITH SECTION 434[1][A] AND SECTION 439[1][A][B]
OF THE COMPANIES ACT, 1956, PRAYING PASS AN ORDER OF
WINDING UP OF THE RESPONDENT COMPANY, FALCON TYRES
LTD, HAVING ITS REGISTERED OFFICE AT KRS ROAD,
METAGALLI, MYSURU, KARNATAKA, UNDER THE PROVISIONS
OF THE COMPANIES ACT, 1956 AND ETC.
IN CA NO.960 OF 2015:
BETWEEN:
1. M/S. MAGNIFICO MINERALS PVT LTD.
HAVING ITS REGISTERED OFFICE AT 75,
KHIRKI VILLAGE,
MALVIYA NAGAR, NEW DELHI-110 017
REPRESENTED BY ITS CHIEF GENERAL MANAGER,
FINANCE, SRI RADHEY SHYAM AGGARWAL,
S/O. KALYAN CHAND AGGRWAL.
...APPLICANT
(BY SRI CLIFTON D ROZARIO, ADVOCATE)
AND:
1. FALCON TYRES LIMITED
COMPANY INCORPORATED UNDER THE PROVISION
OF THE COMPANIES ACT, 1956 AND HAVING ITS
- 20 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
REGISTERED OFFICE AT KRS ROAD,
METAGALLI POST, MYSORE-570 016
IMPLEADING APPLICANT:
FALCON TYRES EMPLOYEES UNION ®
REG.NO.MYS 127/76
HAVING ITS REGISTERED ADDRESS AT
M/S. FALCON TYRES LTD.
K.R.S. ROAD, METAGALLI POST,
MYSORE-570 016
REPRESENTED BY ITS GENERAL SECRETARY
SHRI. NANJUNDASWAMY.
... RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS COMPANY APPLICATION IS FILED UNDER RULES 6 &
9 OF THE COMPANIES (COURT) RULES, 1959 READ WITH
ORDER 1 RULE 10 AND SECTION 151 OF THE CODE OF CIVIL
PROCEDURE, PRAYING TO PERMIT THEM TO COME ON RECORD
AS AN ADDITIONAL RESPONDENT IN THE ABOVE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
IN COP NO.44 OF 2015:
BETWEEN:
1. M/S. DAXIN PETROLEUM PTE. LTD.
A COMPANY REGISTERED UNDER THE
COMPANIES ACT, CAP.50
ON 12/05/1990
HAVING ITS CORPORATE OFFICE AT
65 CHULIA STREET, HEX 41-08,
OCBC CENTRE, SINGAPORE-049513,
REPRESENTED BY ITS AUTHOIRSED SIGNATORY
AND POWER OF ATTORNEY HOLDER
MR. A. SRIDHAR.
...PETITIONER
- 21 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
(BY SRI. PRAKASH K A.,ADVOCATE)
AND:
1. M/S. FALCON TYRES LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE
INDIAN COMPANIES ACT,1956
HAVING ITS REGD. AND HEAD OFFICE AT
KRS ROAD, METAGALLI POST,
MYSORE-570 016,
REPRESENTED BY ITS MANAGING DIRECTOR.
...RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS PETITION IS FILED UNDER SECTIONS 433[e] & [f]
434 AND 439 OF THE INDIAN COMPANIES ACT, 1956 READ
WITH RULE 95 OF THE COMPANIES COURT RULES, 1959,
PRAYING THAT THE RESPONDENT COMPANY NAMELY "M/S.
FALCON TYRES LIMITED", HAVING ITS REGISTERED OFFICE AT
K.R.S. ROAD, METAGALLI, MYSORE-570016, KARNATAKA,
INDIA BE WOUND UP BY THIS HON'BLE COURT UNDER THE
PROVISIONS OF THE INDIAN COMPANIES ACT, 1956 AND ETC.
IN CA NO. 955 OF 2015:
BETWEEN:
1. M/S. DAXIN PETROLEUM PVT LTD
HAVING ITS CORPORATE OFFICE AT 65 CHULIA
STREET HEX 41-08,
OCBC CENTRE, SINGAPORE-049 513,
REPRESENTED BY ITS AUTHORIZED SIGNATORY
AND POWER OF ATTORNEY
HOLDER MR. A. SRIDHAR.
...APPLICANT
(BY SRI CLIFTON D. ROZARIO, ADVOCATE)
- 22 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
AND:
1. FALCON TYRES LIMITED
COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956 AND HAVING ITS
REGISTERED OFFICE AT KRS ROAD,
METAGALLI POST, MYSORE-570 016
IMPLEADING APPLICANT:
FALCON TYRES EMPLOYEES UNION ®
REG.NO.MYS 127/76
HAVING ITS REGISTERED ADDRESS AT
M/S. FALCON TYRES LTD.
K.R.S. ROAD, METAGALLI POST,
MYSORE-570 016
REPRESENTED BY ITS GENERAL SECRETARY
SHRI. NANJUNDASWAMY.
...RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS COMPANY APPLICATION IS FILED UNDER RULES 6 &
9 OF THE COMPANIES (COURT) RULES, 1959 READ WITH
ORDER 1 RULE 10 AND SECTION 151 OF THE CODE OF CIVIL
PROCEDURE, PRAYING TO PERMIT THEM TO COME ON RECORD
AS AN ADDITIONAL RESPONDENT IN THE ABOVE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
IN COP NO. 46 OF 2015:
BETWEEN:
1. M/S. SBI GLOBAL FACTORS LTD.
(FORMERLY KNOWN AS GLOBAL TRADE FINANCE
LTD.,)
HAVING ITS OFFICE AT
METROPOLITAN BUILDING,
6TH FLOOR, BANDRA-KURLA COMPLEX,
- 23 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
BANDRA (E), MUMBAI-400 051,
REPRESETNED BY ITS AUTHORIZED
REPRESENTATIVE MS. STELLA PETER.
...PETITIONER
(BY SRI C.K. NANDA KUMAR, ADVOCATE)
AND:
1. M/S. FALCON TYRES LIMITED
HAVING ITS REGISTERED OFFICE AT KRS ROAD,
METAGALLI, MYSORE-570 016,
KARNATAKA.
AND ALSO AT:
M/S. FALCON TYRES LIMITED
NO.50, GOLD TOWER,
RESIDENCY ROAD,
BANGALORE-560 025,
REPRESENTED BY ITS DIRECTOR.
...RESPONDENT
(BY SRI CLIFTON D. ROZARIO, ADVOCATE)
THIS PETITION IS FILED UNDER SECTION 433[e] AND
433[f] READ WITH SECTION 439 OF THE COMPANIES ACT,
1956, PRAYING TO DIRECT THE WINDING UP OF THE
RESPONDENT COMPANY, M/S. FALCON TYRES LIMITED AND
APPOINT THE OFFICIAL LIQUIDATOR ATTACHED TO THIS
HON'BLE COURT OR ANY OTHER FIT PERSON AS THE
LIQUIDATOR OF THE RESPONDENT COMPANY AND MAY BE
GIVEN ALL POWERS UNDER THE PROVISIONS OF THE
COMPANIES ACT, 1956 INCLUDING THE CHARGE OF SHARES,
BOOKS OF ACCOUNTS, RECORDS, DOCUMENTS, PAPERS,
BILLS ETC. OF THE COMPANY.
IN CA NO.958 OF 2015:
BETWEEN:
1. M/S. SBI GLOBAL FACTORS LTD.
- 24 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
(FORMERLY KNOWN AS GLOBAL TRADE FINANCE
LTD) HAVING ITS
OFFICE AT METROPOLITAN BUILDING,
6TH FLOOR, BANDRA-KURLA COMPLEX,
BANDRA (E), MUMBAI-400 051,
REPRESENTED BY ITS AUTHORIZED
REPRESENTATIVE, MS. STELLA PETER.
...APPLICANT
(BY SRI CLIFTON D. ROZARIO, ADVOCATE)
AND:
1. FALCON TYRES LIMITED
COMPANY INCORPORATED UNDER THE COMPANIES
ACT, 1956 AND HAVING ITS REGISTERED OFFICE
AT KRS ROAD, METAGALLI POST,
MYSORE-570 016.
IMPLEADING APPLICANT:
FALCON TYRES EMPLOYEES UNION ®
REG.NO.MYS 127/76
HAVING ITS REGISTERED ADDRESS AT
M/S. FALCON TYRES LTD.
K.R.S. ROAD, METAGALLI POST,
MYSORE-570 016
REPRESENTED BY ITS GENERAL SECRETARY
SHRI. NANJUNDASWAMY.
...RESPONDENT
THIS COMPANY APPLICATION IS FILED UNDER RULES 6 &
9 OF THE COMPANIES (COURT) RULES, 1959 READ WITH
ORDER 1 RULE 10 AND SECTION 151 OF THE CODE OF CIVIL
PROCEDURE, PRAYING TO PERMIT THEM TO COME ON RECORD
AS AN ADDITIONAL RESPONDENT.
IN COP NO.67 OF 2015:
BETWEEN:
1. M/S. GATI KINTETSU EXPRESS PRIVATE LTD.
- 25 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
A COMPANY INCORPORATED AND
REGISTERED UNDER THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE
AT 1-7-293, 1ST FLOOR
M.G. ROAD, SECUNDERABAD AND
ALSO HAVING ITS BRANCH OFFICE AT NO.5-C
PEENYA I PHASE, PEENYA INDUSTRIAL AREA
BENGALURU-560 058.
...PETITIONER
(BY SRI B.M. HALASWAMY, ADVOCATE)
AND:
1. FALCON TYRES LIMITED
A COMPANY INCORPORATED AND
REGISTERED UNDER THE COMPANIES ACT, 1956,
AND HAVING ITS REGISTERED OFFICE AT
KRS ROAD, METAGALLI POST,
MYSORE-570 016.
...RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS PETITION IS FILED UNDER SECTIONS 433, 434
AND 439 WITH SECTION 434 OF THE COMPANIES ACT, 1956,
PRAYING TO ORDER AND DIRECT THAT THE RESPONDENT
COMPANY VIZ., FALCON TYRES LIMITED, BE WOUND UP BY
AND UNDER THE ORDER AND DIRECTIONS OF THIS HON'BLE
COURT UNDER THE PROVISIONS OF THE COMPANIES ACT,
1956 AND ETC.
IN CA NO.951 OF 2015:
BETWEEN:
1. M/S. GATI KINTETSU EXPRESS PRIVATE LTD
HAVING ITS REGISTERED OFFICE AT 1-7-293,
1ST FLOOR, M.G.ROAD,
SECUNDERABAD AND ALSO
HAVING ITS BRANCH OFFICE AT NO.5-C
PEENYA I PHASE, PEENYA INDUSTRIAL AREA
BANGALORE-560 058.
- 26 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
...APPLICANT
(BY SRI CLIFTON D. ROZARIO, ADVOCATE)
AND:
1. FALCON TYRES LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT KRS ROAD,
METAGALLI, MYSORE-570 016.
IMPLEADING APPLICANT:
FALCON TYRES EMPLOYEES UNION ®
REG.NO.MYS 127/76
HAVING ITS REGISTERED ADDRESS AT
M/S. FALCON TYRES LTD.
K.R.S. ROAD, METAGALLI POST,
MYSORE-570 016, REPRESENTED BY
ITS GENERAL SECRETARY, SHRI NANJUNDASWAMY.
...RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS COMPANY APPLICATION IS FILED UNDER RULES 6 &
9 OF THE COMPANIES (COURT) RULES, 1959 READ WITH 1
RULE 10 AND SECTION 151 OF THE CODE OF CIVIL
PROCEDURE, PRAYING TO PERMIT THEM TO COME ON RECORD
AS AN ADDITIONAL RESPONDENT IN THE ABOVE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
IN COP NO.95 OF 2015:
BETWEEN:
1. M/S. VERITAS (INDIA) LIMITED
HAVING ITS REGISTERED OFFICE AT NO.701,
EMBASSY CENTRE, NARIMAN POINT
MUMBAI-400 021
AND HAVING ITS BRANCH OFFICE
AT NO.A17, 2F, CHURCH SQUARE BUILDING,
BLOSSOM COCHIN ROAD, ELAMKULAM
P.O.-KADAVANTHARA
- 27 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
KOCHI-682 020
REPRESENTED BY ITS AUTHORIZED
SIGNATORY MR. V.K. MOHANAN.
...PETITIONER
(BY SRI JOSE SEBASTIAN, ADVOCATE)
AND:
1. M/S. FALCON TYRES LIMITED
COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT,
1956 AND HAVING ITS REGISTERED
OFFICE AT KRS ROAD, METAGALLI POST
MYSORE-570 016
REPRSENTED BY ITS MANAGING
DIRECTOR / COMPANY SECRETARY.
...RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS PETITION IS FILED UNDER SECTIONS 433[e],
433[f] AND 434 OF THE COMPANIES ACT, 1956 AND RULE 95
OF THE COMPANIES COURT RULES, 1959, PRAYING TO ORDER
FOR THE WINDING UP OF M/S. FALCON TYRES LIMITED
HAVING ITS REGISTERED OFFICE AT KRS ROAD, METAGALLI,
MYSORE-570016, KARNATAKA, INDIA RESPONDENT COMPANY
AND ETC.
IN CA NO.952 OF 2015:
BETWEEN:
1. M/S. VERITAS (INDIA) LIMITED
HAVING ITS REGISTERED OFFICE AT NO.701,
EMBASSY CENTRE,
NARIMAN POINT, MUMBAI-400 021
AND HAVING ITS BRANCH OFFICE AT NO.A17,
2F, CHURCH SQUARE BUILDING,
BLOSSOM COCHIN ROAD,
ELAMKULAM P.O., KADAVANTHARA
KOCHI-682 020, REPRESENTED BY ITS
AUTHORIZED SIGNATORY
- 28 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
MR. V.K. MOHANAN.
...APPLICANT
(BY SRI CLIFTON D. ROZARIO, ADVOCATE)
AND:
1. FALCON TYRES LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT KRS ROAD,
METAGALLI, MYSORE-570 016.
IMPLEADING APPLICANT:
FALCON TYRES EMPLOYEES UNION ®
REG.NO.MYS 127/76
HAVING ITS REGISTERED ADDRESS
AT M/S. FALCON TYRES LTD.
K.R.S. ROAD, METAGALLI POST,
MYSORE-570 016, REPRESENTED BY ITS
GENERAL SECRETARY
SHRI NANJUNDASWAMY.
...RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS COMPANY APPLICATION IS FILED UNDER RULES 6 &
9 OF THE COMPANIES (COURT) RULES, 1959 READ WITH 1
RULE 10 AND SECTION 151 OF THE CODE OF CIVIL
PROCEDURE, PRAYING TO PERMIT THEM TO COME ON RECORD
AS AN ADDITIONAL RESPONDENT IN THE ABOVE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
IN COP NO.193 OF 2015:
BETWEEN:
1. M/S. UNION TRADING COMPANY
HAVING ITS REGISTERED OFFICE AT KP.IV/36.C,
I MILE, ANAKKALLU P.O.,
KANJIRAPALLY, KOTTAYAM DISTRICT,
KERALA AND HAVING ITS BRANCH OFFICE
- 29 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
AT NO.1/449, INDUSTRIAL PLOT, WESTHILL P.O.,
CALICUT,KERALA, REPRESENTED BY ITS MANAGING
PARTNER SMT. SHIMI SAYED.
...PETITIONER
(BY SRI JOSE SEBASTIAN, ADVOCATE)
AND:
1. M/S. FALCON TYRES LIMITD
COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956
AND HAVING ITS REGISTERED OFFICE AT
KRS ROAD, METAGALLI POST, MYSORE-570 016,
REPRESENTED BY ITS MANAGING DIRECTOR
/COMPANY SECRETARY.
...RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS PETITION FILED UNDER SECTIONS 433(e), 433(f)
AND 434 OF THE COMPANIES ACT, 1956 AND RULE 95 OF THE
COMPANIES COURT RULES, 1959, PRAYING TO ORDER FOR
THE WINDING UP OF M/S. FALCON TYRES LIMITED HAVING
ITS REGISTERED OFFICE AT KRS ROAD, METAGALLI, MYSORE-
570016, KARNATAKA, INDIA RESPONDENT COMPANY AND ETC.
IN CA NO.950 OF 2015:
BETWEEN:
1. M/S. UNION TRADING COMPANY
HAVING ITS REGISTERED OFFICE AT KO.IV/36.C,
I MILE, ANAKKALLU P.O.,
KANJIRAPALLY, KOTTAYAM DISTRICT,
KERALA, HAVING ITS BRANCH OFFICE AT NO.1/449,
INDUSTRIAL PLOT, WESTHILL P.O.
CALICUT, KERALA, REPRESENTED BY ITS MANAGING
PARTNER SMT. SHIMI SAYED.
...APPLICANT
(BY SRI CLIFTON D. ROZARIO, ADVOCATE)
- 30 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
AND:
1. FALCON TYRES LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT KRS ROAD,
METAGALLI, MYSORE-570 016.
IMPLEADING APPLICANT:
FALCON TYRES EMPLOYEES UNION ®
REG.NO.MYS 127/76
HAVING ITS REGISTERED ADDRESS AT
M/S. FALCON TYRES LTD.
K.R.S. ROAD, METAGALLI POST,
MYSORE-570 016
REPRESENTED BY ITS GENERAL SECRETARY
SHRI. NANJUNDASWAMY.
...RESPONDENT
(BY SRI N. SHARATH, ADVOCATE)
THIS COMPANY APPLICATION IS FILED UNDER RULES 6 &
9 OF THE COMPANIES (COURT) RULES, 1959 READ WITH 1
RULE 10 AND SECTION 151 OF THE CODE OF CIVIL
PROCEDURE, PRAYING TO PERMIT THEM TO COME ON RECORD
AS AN ADDITIONAL RESPONDENT IN THE ABOVE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
IN COP NO.210 OF 2015:
BETWEEN:
1. M/S. CHEMITALS PRIVATE LIMITED,
NO.A-156, III CROSS,
1ST STAGE, INDUSTRIAL ESTATE,
PEENYA, BANGALORE
REPRESENTED BY ITS DIRECTOR
SRI. JAYARAM, S/O. SRI MUTHUKALI CHETTIAR,
AGED ABOUT 55 YEARS.
...PETITIONER
(BY SMT. VANI H., ADVOCATE)
- 31 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
AND:
1. M/S. FALCON TYRES LIMITED
A COMPANY REGISTERED UNDER THE
COMPANIES ACT, 1956
K.R.S. ROAD, METTAGALLI,
MYSORE-570 016
REPRESENTED BY ITS MANAGING
DIRECTOR AND/OR CHAIRMAN.
...RESPONDENT
(BY SRI K.G. PRAKASH, ADVOCATE)
THIS PETITION IS FILED UNDER SECTION 433(e) OF THE
COMPANIES ACT, 1956, PRAYING TO DIRECT THE
RESPONDENT TO PRODUCE AND FILE BEFORE THE HON'BLE
COMPANY COURT ALL THE AUDITED BALANCE SHEET FOR THE
YEAR 2013-2014 OF THE RESPONDENT COMPANY AND ETC.
IN CA NO.1065 OF 2015:
BETWEEN:
1. M/S. CHEMITALS PRIVATE LIMITED
NO.A-156, III CROSS,
1ST STAGE, INDUSTRIAL ESTATE,
PEENYA, BENGALURU
REPRESENTED BY ITS MANAGING DIRECTOR
SRI JAYARAM,
S/O. SRI MUTHUKALI CHETTIAR
AGED ABOUT 55 YEARS.
...APPLICANT
(BY SRI VANI H., ADVOCATE)
AND:
1. M/S. FALCON TYRES LIMITED
A COMPANY REGISTERED UNDER THE
COMPANIES ACT, 1956
K.R.S. ROAD, METTAGALLI,
- 32 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
MYSURU-570 016
REPRESENTED BY ITS
MANAGING DIRECTOR AND/OR CHAIRMAN.
...RESPONDENT
(BY SRI K.G. PRAKASH, ADVOCATE)
THIS APPLICATION IS FILED UNDER SECTION 443 OF
THE COMPANIES ACT, 1956, FOR ATTACHMENT OF ASSETS OF
THE RESPONDENT COMPANY, PRAYING TO PASS AN ORDER,
ATTACHING THE MOVABLE ASSETS OF THE RESPONDENT
COMPANY SUCH AS PLANT AND MACHINERY, MOTOR CARS,
MOTOR VEHICLES AND ETC.
IN COP NO.239 OF 2015:
BETWEEN:
1. PIGMENTS AND CHEMICAL INDUSTRIES
PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956
AND HAVING ITS REGISTERED OFFICE
AT 'VASUNDHARA' 4TH FLOOR
2/7, SARAT BOSE ROAD,
KOLKATA-700 020,
REPRESENTED BY ITS MANAGING DIRECTOR
MR. RAHUL N. SAHAYA.
...PETITIONER
(BY SRI RAMESH T., ADVOCATE)
AND:
1. FALCON TYRES LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956
AND HAVING ITS REGISTERED OFFICE AT
KRS ROAD, METAGALLI
MYSURU-570 016, KARNATAKA
REPRESENTED BY ITS
CHAIRMAN MR. PAWAN RUIA.
...RESPONDENT
- 33 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
(BY SRI N. SHARATH, ADVOCATE)
THIS PETITION IS FILED UNDER SECTIONS 439 READ
WITH 433(1)(e) AND (f) OF THE COMPANIES ACT, 1956,
PRAYING TO PASS THE FOLLOWING ORDERS AGAINST THE
RESPONDENT AS UNDER: a) THE RESPONDENT COMPANY,
NAMELY, FALCON TYRES LIMITED, HAVING ITS REGISTERED
OFFICE AT KRS ROAD, METAGALLI, MYSORE-570016,
KARNATAKA, BE WOUND UP BY THIS HON'BLE COURT UNDER
THE PROVISIONS OF THE COMPANIES ACT, 1956 AND ETC.
IN COP NO.55 OF 2016:
BETWEEN:
1. INDIAN OIL CORPORATION LIMITED
KARNATAKA STATE OFFICE
HAVING ITS OFFICE AT NO.29,
MISSION ROAD (P. KALINGA RAO ROAD)
BENGALURU-560 027
KARNATAKA, REPRESENTED BY ITS DEPUTY
GENERAL MANAGER (ILS)
KARNATAKA STATE OFFICE.
...PETITIONER
(BY SRI RAVINDRA R., ADVOCATE)
AND:
1. M/S. FALCON TYRES LIMITED
A COMPANY INCORPORATED ON 29/11/1973
AND REGISTERD UNDER THE PROVISIONS OF
COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT
K.R.S. ROAD, METAGALLI
MYSORE-570 016, KARNATAKA
REPRESENTED BY ITS MANAGING DIRECTOR.
...RESPONDENT
THIS PETITION IS FILED UNDER SECTIONS 433 (e) & (f)
READ WITH SECTION 434 OF THE COMPANIES ACT, 1956,
PRAYING TO GRANT THE FOLLOWING RELIEF: a) THE
- 34 -
NC: 2023:KHC:36437
COP No. 48 of 2014
AND
CONNECTED MATTERS
RESPONDENT M/S. FALCON TYRES LIMITED BE WOUND
UP/LIQUIDATED UNDER SECTIONS 433(e) AND (f) OF THE
COMPANIES ACT, 1956 AND ETC.
THIS COMPANY PETITION AND CONNECTED MATTERS
COMING ON FOR ORDERS, THROUGH PHYSICAL
HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
1. It is submitted that M/s.Falcon Tyres Limited has been ordered to be liquidated as laid down in Chapter III (liquidation process) of Part-II of IBC Code by the National Company Law Tribunal, Bengaluru Bench by its order dated 30.12.2019 and in the light of the same, the present Company petitions which are already filed for winding up of the same Company does not survive for consideration.
2. Hence, the following:-
ORDER i. The Company petition Nos.48/2014 c/w. 182/2013, 183/2013, 245/2015, 246/2014, 247/2014, 9/2015, 37/2015, 44/2015, 46/2015, 67/2015, 95/2015, 193/2015, 210/2015,
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NC: 2023:KHC:36437 COP No. 48 of 2014 AND CONNECTED MATTERS 239/2015 and 55/2016 are hereby dismissed and accordingly, Company application Nos.403/2015, 70/2017, 953/2015, 962/2015, 961/2015, 956/2015, 959/2015, 18/2015, 957/2015, 960/2015, 955/2015, 958/2015, 951/2015, 952/2015, 950/2015 and 1065/2015 filed in the above Company petitions does not survive for consideration and they are accordingly dismissed.
ii. If any of the parties have any claim as against the Company under winding up, it is needless to state that they are at liberty to make their claim before the appropriate Authority.
SD/-
JUDGE VMB List No.: 1 Sl No.: 38