Allowed

M Krishna Murthy v. Chandra Spinning and Weaving

Karnataka HC30 Aug 2023CA/121/2023

Case brief

AI extract

What is this about?

The High Court allowed applications seeking to bring legal representatives of a deceased applicant on record and condoning a 129-day delay, as there were no objections and the delay was condoned under Section 5 of the Limitation Act.

What did the court decide?

Condonation of a 129-day delay in filing and permission to bring legal representatives of the deceased petitioner on record.

M Krishna Murthy Vs Chandra Spinning and Weaving — Company and Corporate | Karnataka HC (2023)

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NC: 2023:KHC:31091 CA No.121 of 2023 c/w CA No.122 of 2023 in COP No.10/1991

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS

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COMPANY APPLICATION NO.121 OF 2023 C/W COMPANY APPLICATION NO. 122 OF 2023

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IN COMPANY APPLICATION NO. 10/1991

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BETWEEN:

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M KRISHNA MURTHY S/O SRI. D.R. MADHAVAKRISHNAIAH, AGED ABOUT 57 YEARS, RESIDING AT 73/1 V MAIN ROAD, CHAMRAJPET, BANGALORE-5600018.

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M. NAGARAJ

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Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA

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S/O SRI. D.R. MADHAVAKRISHNAIAH, AGED ABOUT 48 YEARS, RESIDING AT NO.71, BANGALORE-560018.

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…APPLICANTS COMMON

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(BY SRI. YESHU BABA R MISHRA., ADVOCATE)

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AND:

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CHANDRA SPINNING AND WEAVING MILLS PRIVATE LIMITED AN EXISTING COMPANY, UNDER THE COMPANIES ACT,1956 HAVING ITS REG. OFFICE AT NO.79 V MAIN ROAD, CHAMRAJPET, BANGALORE-560018.

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2 - NC: 2023:KHC:31091 CA No.121 of 2023 c/w CA No.122 of 2023 in COP No.10/1991

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M. MANOHAR S/O SRI. D.R. MADHAVAKRISHNAIAH, AGED ABOUT 45 YEARS, RESIDING AT 71, V MAIN ROAD, CHAMRAJPET, BANGALORE-560018.

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M. MADHUSUDAN S/O SRI. D.R. MADHAVAKRISHNAIAH, AGED ABOUT 54 YEARS, RESIDING AT 68, KARNATAKA ROAD, BASAVANGUDI, BANGALORE

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…RESPONDENTS COMMON

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(BY SRI.JIDESH KUMAR M.D., ADVOCATE FOR R2 [A-C] SMT. PARVATHY R.NAIR, ADVOCATE FOR R3 [A-D])

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THIS COMPANY APPLICATION NO.121/2023 IS FILED UNDER RULE 6 AND 9 OF COMPANY COURT RULES, 1959 AND UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO PERMIT THE LEGAL REPRESENTATIVES/PROPOSED PETITIONERS OF THE DECEASED PETITIONER NO.2 ON RECORD AND ETC.

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THIS COMPANY APPLICATION NO.122/2023 IS FILED UNDER SECTION 5 OF THE LIMITATION ACT, PRAYING TO CONDONE THE DELAY OF 129 DAYS IN FILING THE APPLICATION AND ETC.,

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

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3 - NC: 2023:KHC:31091 CA No.121 of 2023 c/w CA No.122 of 2023 in COP No.10/1991

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ORDER

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R.DEVDAS J., (ORAL):

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These applications are filed to bring on record the legal representatives of deceased petitioner No.2 while seeking condonation of delay of 129 days in filing the application.

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Learned counsels on both sides have no objections to allow the applications.

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Consequently, while condoning the delay, both the applications are allowed. Learned counsel for the petitioners shall carry out the amendment in the cause title and amended cause title shall be filed within a period of one week from today.

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Sd/JUDGE

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M Krishna Murthy v. Chandra Spinning and Weaving

Case brief

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M Krishna Murthy v. Chandra Spinning and Weaving

Case brief

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