An application seeking service benefits by an ex-employee was disposed of as the company's winding-up order had been recalled. The court directed the applicant to pursue remedies elsewhere.
Application disposed with liberty to work out remedy elsewhere in accordance with law.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
CA NO.23/2021 IN
COP NO.154/* 2002
BETWEEN:
S. RAVINDRA KUMAR, S/O H.SHAMAIAH, AGED ABOUT 62 YEARS, #358, 1ST MAIN, 7TH CROSS, YEMALURU, BENGALURU - 560 037.
...APPLICANT
(BY SRI.ANIL KUMAR S, ADVOCATE)
AND:
*Corrected Vide Chamber Order Dated 17.01.2023
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CORPORATE BHAVAN NO.26-27, 12TH FLOOR RAHEJA TOWERS, M.G.ROAD, BENGALURU - 560 001.
… RESPONDENTS
(BY SRI.SAJI P JOHN, ADVOCATE)
THIS APPLICATION IS FILED UNDER RULES 6 AND 9 OF THE COMPANIES (COURT) RULES,1959 PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE CLAIM SUBMITTED BY THE APPLICANT HEREIN PURSUANT TO THE ORDER PASSED BY THIS HON'BLE COURT DTD: 06/07/2017 IN CO.P.154/2002 AND ETC.,
THIS APPLICATION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The applicant being an ex-employee of the respondent-Company then in liquidation seeks some service benefit on par with those granted to similarly circumstanced employees. Learned advocate representing the Company submits that the winding up order having been recalled, now the Company is in full functioning and therefore, the Petitioner may be relegated to other remedies in accordance with law.
parties and having perused the petition papers, this
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Court is in complete agreement with the submission made on behalf of the company lawyer inasmuch as the subject application was moved when the company was ordered to be wound up and now the said order having been recalled, the question of continuing the subject application would not arise.
In view of the above, the application is disposed off, reserving liberty to the Petitioner to work out his remedy elsewhere in accordance with law. All contentions are kept open, costs made easy.
It hardly needs to be stated that in considering delay & latches, if any, the period spent in prosecuting this Application shall be liable to be discounted.
Registry is directed to return the original papers
after retaining copies thereof in the file.
Sd/JUDGE
DS
1 issue framed by the court
Whether an application seeking service benefits can be entertained when the company is now in full functioning after its winding-up order was recalled.
S. Ravindra Kumar
Chairman and Commissioner, Karnataka Industries Infrastructure Development Corporation & NGEF Employees Affairs Commissioner KSSIDC, SRI DARPAN JAIN
Nodal Officer, NGEF LTD, KSSIDC
NGEF LTD.
Krishna S. Dixit
As recorded by the court registry
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