This court disposed of an application under Rules 6 and 9 of the Companies (Court) Rules, 1956. The court held the subject matter was substantially similar to CA No. 23/2021 disposed off earlier on the same day and disposed of the application mutatis mutandis.
Application disposed of mutatis mutandis in terms of the order in CA No. 23/2021.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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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.24/2021 IN
COP NO.154/* 2002
BETWEEN:
H.N.SHIVAKUMAR SINCE DEAD BY HIS LR ARUNA L W/O H.N.SHIVAKUMAR AGED ABOUT 58 YEARS #1407, 1ST FLOOR, 23RD MAIN ROAD, BANASHANKARI II STAGE, BENGALURU - 560 070.
...APPLICANT
(BY SRI. ANIL KUMAR.S, ADVOCATE)
AND:
*Corrected Vide chamber Order Dated 17.01.2023
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… RESPONDENTS
(BY SRI.SAJI P JOHN, ADVOCATE)
THIS APPLICATION IS FILED UNDER RULES 6 AND 9 OF THE COMPANIES (COURT) RULES,1956 PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE CLAIM SUBMITTED BY THE PETITIONER LATE H.N.SHIVAKUMAR PURSUANT TO THE ORDER PASSED BY THIS HON'BLE COURT DTD: 06/07/2017 IN C.A. NO.318/2016 IN CO.P NO.154/2002 WHICH WAS CONSIDERED ALONG WITH OTHER COMPANY APPLICATION IN 700/2016 AND OTHER CONNECTED APPLICATIONS AND ETC.,
THIS APPLICATION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The subject matter of this application is
substantially similar to the one in CA 23/2021 between
S. RAVINDRA KUMAR vs. CHAIRMAN AND COMMISSIONER, KARNATAKA INDUSTRIES INFRASTRUCTURE DEVELOPMENT CORPORATION &
NGEF EMPLOYEES AFFAIRS COMMISSIONER & OTHERS
disposed off by this Court today. A similar case needs to be treated similarly as constitutionally enacted under
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Article 14 vide Division Bench judgment of this court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY , disposed off on
11.12.1974.
In view of the above, the application is disposed off in terms of the order in the cognate case above, mutatis mutandis.
Sd/JUDGE
DS
1 issue framed by the court
Whether the application filed under Rules 6 and 9 of the Companies (Court) Rules, 1956 should be disposed of by a rule 6 direction or rule 9 direction since the subject matter is substantially similar
Colour shows how this judgement treated each authority
A.V. Vinoda & Another vs. State of KarnatakaReferred¶27
W.A.Nos.932-933/1974 between A.V.Vinoda & Another vs. State of Karnataka
S. Ravindra Kumar vs. Chairman and Commissioner, Karnataka Industries Infrastructure Development CorporationReferred¶24
CA No. 23/2021 between S. Ravindra Kumar vs. Chairman and Commissioner, Karnataka Industries Infrastructure Development Corporation
2 provisions across 2 enactments
H.N. Shivakumar since dead by his LR Aruna L
Chairman and Commissioner, Karnataka Industries Infrastructure Development Corporation & NGEF Employees Affairs Commissioner
Nodal Officer, NGEF Ltd, KSSIDC
NGEF Ltd.
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
