The High Court at Bangalore allowed an application for recall of a winding-up order passed nearly a decade earlier. The Court applied to condone the substantial delay in filing the application, citing interest of justice and equity.
The delay in seeking recall of the winding-up order was condoned and the application was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 04TH DAY OF FEBRUARY 2014 BEFORE:
THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY
COMPANY APPLICATION No.219 OF 2013
IN COMPANY APPLICATION No.97 OF 2013 IN COMPANY PETITION No.105 OF 2001
BETWEEN:
M.R. Khan, P.O.Box No.14, R/s.No.525/1, Belgaum Road, Gokak – 591 307.
… APPLICANT
(By Shri. Thomas V Peter, Advocate)
AND:
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Bus Stand Road,
Gokak – 591 307.
…RESPONDENTS
(By Shri. P.S. Manjunath, Advocate for Respondent No.4 Shri. K.S. Mahadevan, Advocate for Official Liquidator Shri. Rudragowda, Advocate for Respondent No.3 Shri. K.C. Shiva Subramanian, Advocate for Respondent No.2)
This Company Application is filed under Rule 6 and 9 of the Company Court Rule 1959 read with 5 of Limitation Act, praying to condone the delay of 10 years 4 months 3 days in seeking recalling of winding-up order passed on 09.10.2002 in Co.P.No.105 of 2001 in the interest of justice and equity.
This Company Application coming on for Orders this day, the Court made the following: -
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O R D E R
There is a delay in filing the application. For the reasons
stated, the application is allowed and the delay is condoned.
Sd/JUDGE
KS
2 issues framed by the court
Whether the delay of over 10 years in seeking recall of a winding-up order can be condoned in the interest of justice.
What procedure to follow for condoning delay under Company Court Rules 1959 and the Limitation Act.
M.R. Khan
M/s. Maldini Yarn Private Limited
Union Bank of India
Karnataka State Financial Corporation
Karnataka State Industrial and Infrastructure Development Corporation Limited
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
