Allowed

Shri D S Vishwanath v. Official Liquidator

Karnataka HC1 Apr 2021CA/51/2021

Case brief

AI extract

What is this about?

The court allowed a company application seeking recall of an order that took cross-examination of P.W.1 as nil. Upon undertaking for expeditious disposal, the order was recalled, costs imposed on the Karnataka State Legal Services Authority, evidence reopened, and the matter relegated for resumption of evidence.

What did the court decide?

Order dated 30.08.2018 recalled, evidence reopened, and matter relegated for resumption of evidence before Central Project Coordinator.

Shri D S Vishwanath Vs Official Liquidator — Company and Corporate | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF APRIL, 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.51/2021 IN

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COMPANY APPLICATION NO.2215/2013 IN COMPANY PETITION NO.90/2004

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BETWEEN:

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SHRI D.S. VISHWANATH, S/O LATE SIDDAPPA, AGED ABOUT 64 YEARS, NO.72, 18TH CROSS, SRI SHAKAMBARI NILAYA,

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20^TH MAIN, M.C. LAYOUT,

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VIJAYANAGAR,

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BANGALORE - 560 040.

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SRI M.N. MURCHING S/O LATE NARAYANA MURTHY MURCHING, AGED ABOUT 88 YEARS, NO.40, 10^TH MAIN, 5^TH BLOCK, JAYANAGAR,

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BANGALORE - 560 041.

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SHRI N.T. NAIK, S/O TIMMA NAIK, AGED ABOUT 70 YEARS, DOOR NO.1372, 9^TH F CROSS, SARAKI GATE, J.P. NAGAR,

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BANGALORE - 560 078. … APPLICANTS

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(BY SRI G. KRISHNAMURTHY, ADVOCATE)

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AND:

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OFFICIAL LIQUIDATOR OF M/S. CHAMUNDI MACHINE TOOLS LIMITED (IN LIQUIDATION) ATTACHED TO HIGH COURT OF KARNATAKA CORPORATE BHAVAN, NO.26-27, 12^TH 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 APPLICATION UNDER RULES 6 AND 9 OF THE COMPANY COURT RULES 1959 R/W SECTION 151 OF CPC, PRAYING TO RECALL THE ORDER DATED 30.08.2018 PASSED BY THE REGISTRAR (CPC BRANCH) AND PERMIT THE APPLICANTS TO CROSS EXAMINE THE PW-1 AND ALSO LEAD THEIR EVIDENCE 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 applicant has filed an application seeking for recall of the order dated 30.08.2018 whereby the crossexamination of P.W.1 was taken as nil.

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Reasons are assigned in support of the plea for recall of the order. Applicants undertake that they

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would co-operate for the expeditious disposal of the proceedings.

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In light of the said undertaking, C.A.51/2021

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is allowed on payment of cost of Rs.5,000/- to the Karnataka State Legal Services Authority. Evidence is reopened and the order dated 30.08.2018 is recalled. The applicants are permitted to cross-examine P.W.1 and subsequently lead evidence from their side. The matter is relegated back for resumption of evidence before the Central Project Coordinator (Computers). Parties to appear before the Central Project Coordinator (Computers) on the date to be fixed.

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Office objection as regards condonation of delay is overruled taking note of the submission made that the right is a recurring right and in the interest of justice.

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Sd/JUDGE

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Shri D S Vishwanath v. Official Liquidator

Case brief

What is this about?

What did the court decide?

Shri D S Vishwanath v. Official Liquidator

Case brief

What is this about?

What did the court decide?

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