The High Court of Karnataka disposed of an appeal filed under Section 483 of the Companies Act, 1956. Learned counsel submitted that the appeal had become infructuous, leading the court to dismiss the appeal on those grounds without detailed reasoning.
Appeal dismissed as having become infructuous.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY 2020
PRESENT
THE HON’BLE MR. JUSTICE ARAVIND KUMAR
AND
THE HON’BLE MR. JUSTICE E.S.INDIRESH
O.S.A. No.7/2017
BETWEEN:
DECCAN CHARTERS PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT JAKKUR AERODROME, BELLARY ROAD, BENGALURU – 560 064, REPRESENTED BY ITS DIRECTOR.
... APPELLANT
(BY SRI. CHANDRAKANTH PATIL, ADVOCATE)
AND:
COL (RETD) KULDIP MEHTA S/O LATE JAGDISH RAJ MEHTA AGED ABOUT 55 YEARS, RESIDING AT FLAT NO.5, ARUNACHALAM APARTMENT, 5, KABIR MARG (CLAY SQUARE), LUCKNOW – 226 001. ... RESPONDENT
THIS APPEAL IS FILED UNDER SECTION 483 OF COMPANIES ACT, 1956 PRAYING TO SET ASIDE THE ORDER DATED 09.03.2017 PASSED BY THE COMPANY JUDGE IN COMPANY PETITION NO.125/2013 SO FAR AS IT RELATES TO GIVING FINDING THAT IN CASE OF THE APPELLANT HEREIN FAILS TO PAY ONE THIRD OF THE BALANCE AMOUNT, PROVISIONAL LIQUIDATOR WILL BE APPOINTED TO BEGIN WITH PROCESS OF WINDING UP, AND CONNECTED MATTERS AND ETC.,
2
THIS APPEAL COMING ON FOR ORDERS THIS DAY, ARAVIND KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
Though peremptory order came to be passed on 14.09.2018 dismissing the appeal for non-taking of steps, learned counsel appearing for appellant has filed a memo today stating that this appeal may be dismissed as having become infructuous. Memo is placed on record.
Placing his submission on record, appeal is dismissed as having become infructuous.
Sd/JUDGE
Sd/JUDGE
UN
2 provisions across 1 enactments
Deccan Charters Pvt. Ltd.
Col (Retd) Kuldip Mehta
Aravind Kumar
E.S. Indires
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
