Sri Hitendra Kumar Vs Official Liquidator

OFFICIAL LIQUIDATOR , M/S THE MYSORE KIRLOSKAR LIMITED (COMPANY UNDER LIQUIDATION) ATTACHED TO THE HIGH COURT OF KARNATAKA, NO.26/27, 12TH FLOOR, WEST WING, CORPORATE BHAVAN, 12TH FLOOR, RAHEJA TOWERS, MG ROAD, BANGALORE

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...RESPONDENT

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( BY SRI. K S MAHADEVAN & V JAYARAM, ADVS. )

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CA No.102/2012

BETWEEN :

SMT THUNGA W/O SRI G. MUNIYAPPA AGED 53 YEARS R/AT M/S ASHOKA ENTERPRISES, SHIMOGA ROAD, HARIHAR 577 601

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...APPLICANT

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( BY SRI. SWAMY SHIVA PRAKASH H ADV., FOR M/S ESSKAY ASSOCIATES, ADVS. )

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AND :

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OFFICIAL LIQUIDATOR , M/S THE MYSORE KIRLOSKAR LIMITED (COMPANY UNDER LIQUIDATION) ATTACHED TO THE HIGH COURT OF KARNATAKA, NO.26/27, 12TH FLOOR, WEST WING, CORPORATE BHAVAN, 12TH FLOOR, RAHEJA TOWERS, MG ROAD, BANGALORE

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...RESPONDENT ( BY SRI. K S MAHADEVAN & V JAYARAM )

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CA No.103/2012

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BETWEEN :

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SRI M ANIL S/O SRI MADHAVA MEHERWADE AGED 42 YEARS R/AT RAGHAVENDRA CLOTH EMPRIER SHIMOGA ROAD HARIHAR 577501

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...APPLICANT ( BY SRI. SWAMY SHIVA PRAKASH H, ADV. FOR M/S ESSKAY ASSOCIATES, ADVS. )

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3

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AND :

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OFFICIAL LIQUIDATOR , M/S THE MYSORE KIRLOSKAR LIMITED (COMPANY UNDER LIQUIDATION) ATTACHED TO THE HIGH COURT OF KARNATAKA, NO.26/27, 12TH FLOOR, WEST WING, CORPORATE BHAVAN, 12TH FLOOR, RAHEJA TOWERS, MG ROAD, BANGALORE

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...RESPONDENT ( BY SRI. K S MAHADEVAN & V JAYARAM )

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CA No.104/2012

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BETWEEN :

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SRI M GAJANANA S/O SRI MADHAVA MEHERWADE AGED 47 YEARS R/AT RAGHAVENDRA CLOTH EMPRIER SHIMOGA ROAD HARIHAR 577 501

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...APPLICANT

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( BY SRI. SWAMY SHIVA PRAKASH H ADV.,FOR M/S ESSKAY ASSOCIATES, ADVS., )

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AND :

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OFFICIAL LIQUIDATOR , M/S THE MYSORE KIRLOSKAR LIMITED (COMPANY UNDER LIQUIDATION) ATTACHED TO THE HIGH COURT OF KARNATAKA, NO.26/27, 12TH FLOOR, WEST WING, CORPORATE BHAVAN, 12TH FLOOR, RAHEJA TOWERS, MG ROAD, BANGALORE

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….RESPONDENT (BY SRI. K S MAHADEVAN & V JAYARAM, ADVS. )

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4

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CA NO. 105/2012 BETWEEN

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SRI R.H. HARISH S/O SRI R. HANUMANTHA SETTY, AGED ABOUT 43 YEARS, R/A SHARADA NIVAS POSTOFFICE HARIHAR-577 501.

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...APPLICANT

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( BY SRI. SWAMY SHIVA PRAKASH H ADV.,FOR M/S ESSKAY ASSOCIATES, ADVS., )

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AND :

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OFFICIAL LIQUIDATOR , M/S THE MYSORE KIRLOSKAR LIMITED (COMPANY UNDER LIQUIDATION) ATTACHED TO THE HIGH COURT OF KARNATAKA, NO.26/27, 12TH FLOOR, WEST WING, CORPORATE BHAVAN, 12TH FLOOR, RAHEJA TOWERS, MG ROAD, BANGALORE

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….RESPONDENT

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(BY SRI. K S MAHADEVAN & V JAYARAM, ADVS. )

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CA No.106/2012

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BETWEEN :

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SRI R V VISHWANATH S/O SRI. R. VASUDEV A SETTY AGED 54 YEARS R/AT VASU TRADERS SHOBHA THEATRE ROAD, HARIHAR 577 501

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...APPLICANT

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( BY SRI. SWAMY SHIVA PRAKASH H ADV.,FOR M/S ESSKAY ASSOCIATES, ADVS., )

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5

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AND :

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OFFICIAL LIQUIDATOR , M/S THE MYSORE KIRLOSKAR LIMITED (COMPANY UNDER LIQUIDATION) ATTACHED TO THE HIGH COURT OF KARNATAKA, NO.26/27, 12TH FLOOR, WEST WING, CORPORATE BHAVAN, 12TH FLOOR, RAHEJA TOWERS, MG ROAD, BANGALORE ...RESPONDENT ( BY SRI . K S MAHADEVAN & V JAYARAM, ADVS., )

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CA No.107/2012

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BETWEEN :

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R V NATARAJA SHETTY S/O SRI R VASUDEVA SETTY AGED 54 YEARS R/AT KANTHAPPA AGENCIES SHOBHA THEATRE ROAD, HARIHAR 577 501 ….APPLICANT

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( BY SRI. SWAMY SHIVA PRAKASH H ADV.,FOR M/S ESSKAY ASSOCIATES, ADVS., )

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AND : OFFICIAL LIQUIDATOR , M/S THE MYSORE KIRLOSKAR LIMITED (COMPANY UNDER LIQUIDATION) ATTACHED TO THE HIGH COURT OF KARNATAKA, NO.26/27, 12TH FLOOR, WEST WING, CORPORATE BHAVAN, 12TH FLOOR, RAHEJA TOWERS, MG ROAD, BANGALORE

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...RESPONDENT ( BY SRI. K S MAHADEVAN & V JAYARAM, ADVS., )

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THESE APPLICATIONS ARE FILED UNDER SECTION

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6

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446 OF THE COMPANIES ACT, 1956 R/W RULE 9 OF the COMPANIES (COURT) RULES, 1959, PRAYING TO DIRECT the RESPONDENT TO EXECUTE AND REGISTER SALE DEED IN RESPECT OF THE SCHEDULE PROEPRTY AT the COST OF the APPLICANT IN FAVOUR OF SRI.HITENDRA KUMAR AND SRI KAMALESH.

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THESE APPLICATIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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These applications filed under Section 446 of the Companies Act, 1956 R/w Rule 9 of the companies (Court) Rules, 1959 seeking permission to file suit for specific performance before the competent Court.

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The company entered into an agreement on 08/09/2000 in respect of residential plots. The sites earlier belonged to the company. In view of the circumstances, the direction is required to file necessary suit.

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The learned counsel appearing for the Official Liquidator submits that in case if they secure decree from the competent court, they shall file the same.

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In view of the discussion and the circumstances,

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applications are allowed. Applicants are permitted to file a suit before the competent court for specific performance of

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7

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contract in respect of agreement produced in these

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applications. Applications are accordingly allowed.

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Sd/-

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JUDGE

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Rms

Sri Hitendra Kumar v. Official Liquidator

Case brief

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Sri Hitendra Kumar v. Official Liquidator

Case brief

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