N G E F Employees House Building ... vs N G E F Limited on 7 September, 2009

[Cites 1, Cited by 3]

Karnataka High Court

N G E F Employees House Building ... vs N G E F Limited on 7 September, 2009

Bench: Anand Byrareddy

1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 77'" DAY OF SEPTEMBER 2009
BEFORE

THE HON'BLE Mr. JUSTICE ANAND T ,

c.A.No.735 OF 2006    

Co.P No.154 or 
BETWEEN: .  

N GEF Employees House  "

Building Cooperative Society____Ltd_. ,2 _,

No.215, First Floor, .    "  :4 

Link Road, Seshadrip'ura.rn,.,  j.  V'

Banga}ore--560 020. B _  i   __ 

By its Presiden'L._   "  1 "=...APPLICANT

(Sri  A{:iyoc.atei if,' H 

i. NGEF"Lj}5r:iteVti_(i13, ziqaidation)
Old Madras 'Road; '
~ BayYappanaha,11i,.i
" 'Ban'ga1"or,e- 560 038,

A V' " Rep,  «Ofﬁciai Liquidator,

  High:"VCourt, of Karnataka

 'D 81  Kendriya Sadan.

':Kora'.n1a11ga1a,
B-ang;a1ore~560 034.

A "B  State Bank of Mysore,

 ('Dead Bank of Consortium),
industrial Finance Branch,
Industrial Finance Branch,
Mahatma Gandhi Road,
Ba.nga}ore~560 001. ...RESPONDEN'I'S

€s



This CA is filed under Rule 9 of the Companies
(Court) Rules, 1959, R/w Section 151 of Code of Civil
Procedure praying to direct the official liquidator to
hand over all the furnitures and documents  other
materials available in the Company premises'-of-ENGEF

Limited to the applicant Society under a  

interest of justice and equity and etc.

This CA coming on for or'ders'thils iti1e"C'ou'rt
made the following: '     S' V'  

oannkwt

The present applicatiorrviisxfiiedS byenlppairegistered
society. The object to form a layout
and allot sites_::to__ its  the employees
of the    liquidation. The
  to have acquired the
land Tor applicant society in order to

allot the its members. However, the applicant

  ordere-d' to be wound--up and the order of

   challenged by the Registrar of Societies

ibyjiway  appeal, which was allowed. The Registrar

 of Cooperative Societies had directed the Deputy

 Registrar of Cooperative Societies and the Official

   pvfliquidator to hold elections to the applicant society and

there was delay, which was expedited by recourse to

writ proceedings in W.P.No. i701 I /05 and thereafter an

6



election was conducted. The directors having been

elected, have taken charge on 10.10.2005.

2. The present application is 

appropriate directions to the Official Liquidator"'to'--hand" . 

over furniture and records which;"Were<.kept infra, hall

and room, provided to thedsorgietyll on: the of the L'

first respondent cornpanyp__..in*v._liquidati'on,_p which was

being used as an ofﬁceilllof society.

3. The 'Liquidator;-V.'onjlaeing approached, has held an order of this Court, the request of not be considered.

4. 'background that the applicant is b=;§iE:.re._.tlii.s Court-.----The second respondent has remained =L1nserved.4"f_l'iie matter is today posted for issuance of second respondent. In the light of the al:)oVc.Vpfacts and circumstances, the say of the second re_s_pondent is not relevant.

5. The application is allowed. The official Liquidator shall Verify the antecedents of the applicant Q and on satisfaction of the credentials of the applicant shall hand over the furniture and other recordsv;"'which are said to be kept in a hail and room proxricineét premises of the first respondent company.'ii1..1it§f§iidatio'i1i,.V for the use of the applicant, at The application stanLisp"'dispoAs'ed of '=t-<_;t.appap Sdlﬁ tMjﬁegnnQ?JUDGE AI/--

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