Allowed

Ratna N Kulkarni v. the Mysore Kirloskar Ltd.

Karnataka HC28 Sept 2022CA/54/2022

Case brief

AI extract

What is this about?

This company application seeks a direction for the respondent company to treat the applicants as legal heirs of a deceased employee and determine the admissible amount due to them. The High Court allowed the application and directed the respondent to consider the claim.

What did the court decide?

Directed the respondent to consider the applicants as legal representatives of the deceased and determine the admissible amount for payment.

Ratna N Kulkarni Vs the Mysore Kirloskar Ltd. — Succession and Inheritance | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR COMPANY APPLICATION NO. 54 OF 2022

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COMPANY PETITION NO. 166 OF 2001

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BETWEEN

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RATNA N KULKARNI W/O LATE S R HAMPIHOLI AGED ABOUT 68 YEARS R/AT SITARAM KRUPA NEAR PURANIK COMPOUND KOTE, HARIHARA 577601

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SIRISH D/O LATE S R HAMPIHOLI AGED ABOUT 43 YEARS R/AT SITARAM KRUPA NEAR PURANIK COMPOUND KOTE, HARIHARA 577601

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SATISH

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S/O LATE S R HAMPIHOLI AGED ABOUT 41 YEARS, R/AT SITARAM KRUPA NEAR PURANIK COMPOUND KOTE, HARIHARA 577601

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…APPLICANTS

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(BY SRI. NARAYANA SWAMY K B, ADVOCATE)

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AND

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THE MYSORE KIRLOSKAR LTD (COMPANY IN LIQUIDATION REP BY THE OFFICIAL LIQUIDATOR ATTACHED TO HIGH COURT OF KARNATAKA CORPORATE BHAVAN 26-27, 12TH FLOOR RAHEJA TOWER M G ROAD, BENGALURU 560001

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…RESPONDENT

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(BY SMT KRUTIKA RAGHAVAN, ADVOCATE FOR OL)

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THIS COMPANY APPLICATION IS FILED UNDER RULE 64 R/W RULE 6 & 9 OF THE COMPANIES (COURT) RULES 1959, PRAYING TO PASS ORDER TO DIRECT THE RESPONDENT TO CONSIDER THEM AS LEGAL REPRESENTATIVES OF THE DECEASED S.R. HAMPIHOLI, DETERMINE THE ADMISSIBLE AMOUNT AND TO PAY THE BALANCE AMOUNT DUE TO THEM IN FAVOUR OF APPLICANT NO.1 AND / OR TO PASS ANY OTHER ORDER AS DEEMED APPROPRIATE IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC.

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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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This application is filed by the applicants for a direction to the respondent to consider the applicants as legal heirs of deceased S.R. Hampiholi and to determine the admissible amount and pay balance amount due to them in favour of the Applicant No.1 and for other reliefs.

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In the application, it is contended that aforesaid Sri. S.R. Hampiholi who was an employee of the company in liquidation expired on 23.08.2021 leaving behind the applicants herein as his heirs and legal representatives and the relevant documents in this regard viz., such as death certificate, survivorship certificate etc., have been produced along with the application. The applicant Nos.2 and 3 have also given their consent in favour of their mother-Applicant No.1, wife of the deceased Sri. S.R. Hampiholi.

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Accepting the reasons stated in the application, C.A. No.54/2022 is allowed. The respondent is hereby directed to consider the applicants as legal representatives of deceased S.R. Hampiholi and consider the claim for payment in accordance with law as expeditiously as possible.

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SD/JUDGE

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AN/-

Ratna N Kulkarni v. the Mysore Kirloskar Ltd.

Case brief

What is this about?

What did the court decide?

Ratna N Kulkarni v. the Mysore Kirloskar Ltd.

Case brief

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What did the court decide?

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