Disposed

Official Liquidator of M/S Kirloskar Investments and Finance Ltd., (in Liquidation) v. Mr M C Somashekar

Karnataka HC17 Nov 2022CA/380/2022

Case brief

AI extract

What is this about?

The High Court at Bengaluru disposed of Company Applications filed by an Official Liquidator seeking execution of a conveyance and amendments to an application. The court granted liberty to file a fresh application on the same cause of action.

What did the court decide?

Status Quo with liberty to the Official Liquidator to file a fresh application on the same cause of action.

Official Liquidator of M/S Kirloskar Investments and… — Company and Corporate | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF NOVEMBER 2022

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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COMPANY APPLICATION NO.380/2022 A/W COMPANY APPLICATION NO.400/2022 IN

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COMPANY PETITION NO.2/2000

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BETWEEN :

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OFFICIAL LIQUIDATOR OF M/S. KIROLOSKAR INVESTMENTS AND FINANACE LTD., (IN LIQUIDATION) 'CORPORATE BHAVAN', NO.26-27, 12^TH FLOOR RAHEJA TOWERS, M.G.ROAD, BENGALURU-560 001

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... APPLICANT (COMMON)

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(BY MS. KRUTIKA RAGHAVAN., ADVOCATE)

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AND :

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MR. M.C.SOMASHEKAR S/O. LATE P.M.CHANNABASAVANNA

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#14, KALIDASA ROAD, MYSURU-570 002

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MR. M.C.MALLIKARJUN S/O. LATE P.M.CHANNABASAVANNA

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#53/A, II CROSS, KALIDASA ROAD

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JAYALAXMIPURAM, MYSURU-570 012

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MRS. M.C.SWARNALATHA

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D/O. LATE P.M.CHANNABASAVANNA

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#B 204, WHISPERING MEADOWS

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1^ST MAIN ROAD, DOLLARS COLONY

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RMV 2^ND STAGE, BENGALURU-560 094

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MRS. M.C.MOHANAKUMARI

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D/O. LATE P.M.CHANNABASAVANNA

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#20, GAGANACHUMBI, DOUBLE ROAD KUVEMPUNAGAR, MYSURU-570 023

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... RESPONDENTS

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(COMMON)

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(BY SRI. K.B.S.MANIAN, ADVOCATE)

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THE COMPANY APPLICATION IN C.A.No.380/2022 IS FILED UNDER RULE 6 AND 9 OF THE COMPANIES (COURT) RULES 1959 PRAYING TO DIRECT THE RESPONDENT/LEGAL HEIRS OF THE LAND OWNERS TO EXECUTE A CONVEYANCE DEED OF THE SCHEDULE PROPERTY A IN FAVOUR OF THE COMPANY IN LIQUIDATION TO ENABLE THE OFFICIAL LIQUIDATOR TO BRING THE PROPERTY FOR A PUBLIC SALE IN ACCORDANCE WITH THE COMPANIES ACT, 1956 AN RULES THEREUNDER WITH DUE PERMISSION OF THIS HON'BLE COURT.

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THE COMPANY APPLICATION IN C.A.No.400/2022 is FILED UNDER RULE 6 AND 9 OF THE COMPANIES (COURT) RULES 1959 PRAYING TO ALLOW THE APPLICANT TO MAKE AMENDMENTS IN PARA 10 AND 11 OF THE C.A.NO.380/2022 AS DETAILED IN PARA 13 OF THE PRESENT APPLICATION.

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THESE APPLICATIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Upon hearing Sri. K.B.S.Manian, the learned counsel who appears for the respondents in C.A.No.380/2022 and C.A.No.400/2022, as also

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Ms. Krutika Raghavan, the learned counsel for the Official Liquidator, C.A.No.380/2022 and C.A.No.400/2022 stands disposed of with liberty to the Official Liquidator to file a fresh application on the same cause of action.

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Sd/JUDGE

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Official Liquidator of M/S Kirloskar Investments and Finance Ltd., (in Liquidation) v. Mr M C Somashekar

Case brief

What is this about?

What did the court decide?

Official Liquidator of M/S Kirloskar Investments and Finance Ltd., (in Liquidation) v. Mr M C Somashekar

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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