Allowed

Mr H Thopaiah Since Dead by His Lr"S v. the Official

Karnataka HC10 Jan 2013CA/15/2013

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a company application by legal heirs of a deceased employee seeking disbursement of claims without a Succession Certificate. The court directed the Official Liquidator to accept an indemnity bond and survivorship certificate as alternative proof, granting four weeks to comply before releasing funds.

What did the court decide?

Official Liquidator directed to accept indemnity bond and survivorship certificate; applicants granted four weeks to produce documents for disbursement.

Mr H Thopaiah Since Dead by His Lr"S Vs the… — Succession and Inheritance | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 10TH DAY OF JANUARY 2013

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BEFORE

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THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY

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COMPANY APPLICATION No.15/2013 IN

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COMPANY PETITION No.49/1994

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BETWEEN :

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MR H THOPAIAH SINCE DEAD BY HIS LR"S

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SMT. KADIRAMMA W/O LATE H. THOPAIAH, AGED ABOUT 55 YEARS,

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HANUMAKKA W/O LATE H. THOPAIAH, AGED ABOUT 31 YEARS,

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ANJANAPPA S/O LATE H. THOPAIAH, AGED ABOUT 27 YEARS,

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GOWRAMMA W/O LATE H. THOPAIAH, AGED ABOUT 26 YEARS,

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ANITHA D/O LATE H. THOPAIAH, AGED ABOUT 23 YEARS,

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MR. MUNIRATHNA, D/O LATE H. THOPAIAH, AGED ABOUT 20 YEARS,

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PUTTANANJA, W/O LATE H. THOPAIAH, AGED ABOUT 11 YEARS, HE IS MINOR REPRESENTED BY NATURAL GUARDIAN HIS MOTHER KADIRAMMA

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ALL ARE R/AT NO.06, HOODY VILLAGE, MAHDEVPURA POST, BASAVANNA NAGAR, BANGALORE-48

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(APPLICANT NOS.2 TO 7 ARE REPRESENTED BY GPA HOLDER SMT. KADIRAMMA)

...APPLICANT

( BY SRI. ASHA S M )

AND :

THE OFFICIAL LIQUIDATOR OF M/S SHIVMONI STEELS TUBES LTD (IN LIQUIDATION) HON"BLE HIGH COURT OF KARNATAKA, 12TH FLOOR, RAHEJA TOWERS, MG ROAD, BANGALORE-1.

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

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THIS COMPANY APPLICATION IS FILED UNDER RULE 6 & 9 OF THE COMPANIES [COURT] RULES, 1959, PRAYING TO ISSUE DIRECTION TO THE OFFICIAL LIQUIDATOR TO ACCEPT INDEMNITY BOND AT THE TIME ISSUEING CHEQUE INSTEAD OF SUCCESSION CERTIFICATE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

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THIS APPLICATION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING

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ORDER

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This application is filed by the legal heirs of deceased

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Mr.H. Thopaiah, who was an ex-employee of M/s. Shivmoni Steel Tubes Limited, Bangalore, which was under liquidation, seeking for disbursement of claims of the deceased without insisting for production of Succession Certificate.

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It is submitted that applicants’ names are required to be entered in the adjudication proceedings by the Official Liquidator. It is also contended that they are unable to file Probate & Succession case before the Civil Court to obtain succession Certificate and is ready and willing to give indemnity bond, and as such, seeks direction to the Official Liquidator to accept the indemnity bond and to enter the name of the applicants. A direction is also sought to the Official Liquidator to issue Form No.69 to the legal heirs of the deceased.

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Learned counsel for the Official Liquidator submits that if the applicants produce the survivor-ship certificate and executes an indemnity bond for the said amount, he has no objection to disburse the amount.

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It is submitted that this Court, under similar circumstances, in CA No.408 of 2011 in the Company

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Petition No.166 of 2001 disposed of on 8th September 2011, wherein the respondent in that petition and the respondent in the present petition are same, has issued direction to the Official Liquidator to disburse the amount on production of survivor-ship certificate and on execution of an indemnity bond.

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Hence, this application is allowed in terms of the order made in CA No.408 of 2011 disposed of on 8th September 2011. Applicants are granted four weeks’ time to produce the survivor-ship certificate and to execute indemnity bond. On production of the same, the Official Liquidator shall release or disburse the amount in accordance with law.

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Sd/JUDGE

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Rms

Mr H Thopaiah Since Dead by His Lr"S v. the Official

Case brief

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Mr H Thopaiah Since Dead by His Lr"S v. the Official

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