Allowed

Mr v. Somasundaram Since Dead by Lrs v the Official Liquidator of

Karnataka HC18 Jan 2013CA/49/2013

Case brief

AI extract

What is this about?

The court allowed an application by the legal heirs of a deceased ex-employee of a liquidated company, ordering the Official Liquidator to accept an indemnity bond and survivorship certificate instead of a Succession Certificate for claim disbursement.

What did the court decide?

Direction to the Official Liquidator to accept indemnity bond and survivorship certificate for releasing funds to the applicants.

Mr v Somasundaram Since Dead by Lrs Vs the Official… — Service and Employment | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 18TH 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.49/2013 IN

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COMPANY PETITION No.49/1994

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BETWEEN :

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MR V SOMASUNDARAM SINCE DEAD BY LRS

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SMT. S. CHAKKUBAI

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W/O LATE V. SOMASUNDARAM AGED ABOUT 61 YEARS

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2 AMUDHA

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D/O LATE V. SOMASUNDARAM AGED ABOUT 40 YEARS

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3 MR. S. VIJAY KUMAR S/O LATE V. SOMASUNDARAM AGED ABOUT 38 YEARS

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4 MR. SANDEEP KUMAR S/O LATE V. SOMASUNDARAM AGED ABOUT 37 YEARS

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5 SRIDEVI

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D/O LATE V. SOMASUNDARAM AGED ABOUT 37 YEARS

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ALL ARE R/AT NO.110, B. NARAYANAPURA, WHITEFIELD ROAD, DOORAVANI NAGARA POST, BANGALORE-67

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APPLICANT NO.2 TO 5 ARE REPRESENTED BY GPA HOLER SMT. CHAKKUBAI S.

...APPLICANTS

( BY SMT. ASHA S M )

AND :

THE OFFICIAL LIQUIDATOR OF

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M/S SHIVMONI STEEL TUBES LTD (IN LIQUIDATION) HON'BLE HIGH COURT OF KARNAAKA, 12TH FLOOR, RAHEJA TOWERS, M.G. ROAD, BANGALORE-560001. ...RESPONDENT

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

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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.

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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 heir of deceased V.Somasundaram, 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

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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, seek direction to the Official Liquidator to accept the indemnity bond and to enter the names 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 execute 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 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

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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/-

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JUDGE

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Rms

Mr v. Somasundaram Since Dead by Lrs v the Official Liquidator of

Case brief

What is this about?

What did the court decide?

Mr v. Somasundaram Since Dead by Lrs v the Official Liquidator of

Case brief

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What did the court decide?

What the court decided

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