Disposed

B P Manjunath v. Official Liquidator

Karnataka HC18 Feb 2021CA/50/2021

Case brief

AI extract

What is this about?

Applicants, legal representatives of a deceased terminated workman, filed a company application seeking direction to the Official Liquidator to process their claim using a survival certificate. The court directed the liquidator to process the claim pending indemnity bond.

What did the court decide?

Directed the Official Liquidator to process the claim and make payments to the applicants upon obtaining an indemnity bond.

B P Manjunath Vs Official Liquidator — Karnataka HC (2021) — LawSathi Research

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV

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COMPANY APPLICATION NO.50/2021 IN

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COMPANY PETITION NO.112/1994

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BETWEEN:

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B.P. Manjunath,

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Since dead by his LR's

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1a. Manjula

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W/o Late B.P. Manjunath,

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Aged about 48 years,

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1b. N.M. Chandrashekar, S/o Late B.P. Manjunath Aged about 25 years.

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1c. N M Lavanya,

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D/o Late B P Manjunath, Aged about 21 years.

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All the three applicants Residing in a house bearing Door No.374/A, KHB Colony, Hootagalli, Mysuru - 570 018. … Applicants

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(By Sri K. Vishnu Kumar, Advocate)

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AND:

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Official Liquidator, Representing Mandya National Paper Mills,

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(In Liquidation), # 26-27, 12th Floor, Raheja Towers, M.G. Road, Bengaluru - 560 001. … Respondent

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(By Sri Jagadeeshgoud Patil, Advocate)

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This Company Application is filed under Rule 6 and 9 of Companies Court Rules, 1959, praying to direct the respondent to accept survival certificate instead of succession certificate in the interest of justice and equity.

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This Company Application coming on for orders this day, the court made the following:

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ORDER

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The applicants are stated to be the legal

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representatives of B.P.Manjunath, who is stated to have been employed by the company in liquidation. It is submitted that B.P.Manjunath was terminated from service and upon adjudication in Reference No. 129/2018, an award was passed by the Industrial Tribunal on 09.03.2020 and in pursuance to such award, in light of the death of the workman, legal representatives have sought for release of the amounts by placing reliance on the survival certificate.

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It is pointed out that the workman died on 24.04.2020 and the report of the revenue department

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would indicate that the applicant No.1(a) is the wife, No.1(b) is the son and 1(c) is the daughter of the deceased employee. Copy of the said certificate is enclosed at Annexure-B. Adjudication of claim of the workman is as per the details found at Annexure-C. In light of the Document at Annexure-B, the Official Liquidator is directed to process the claim and make necessary payments to the applicants after obtaining necessary indemnity bond that in the event of any claim made by any third party with respect to the dues to the deceased employee, the applicants would indemnify the official liquidator.

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3. Accordingly, C.A.50/2021 is disposed off.

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Sd/JUDGE

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B P Manjunath v. Official Liquidator

Case brief

What is this about?

What did the court decide?

B P Manjunath v. Official Liquidator

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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