Allowed condonation of 19-day delay and recalled order dated 24.05.2022 to permit cross-examination of PW1, subject to payment of Rs.7,500 and appearance before CPC on 11.12.2023.
Condonation of 19-day delay; recall of order dated 24.05.2022; permission to cross-examine PW1 subject to payment of Rs.7,500 and appearance by 11.12.2023.
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.
NC: 2023:KHC:43130 CA No. 339 of 2023 A/W CA No.177 of 2022 IN CA NO.314 of 2008 IN COP NO.125 of 2002
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF NOVEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
COMPANY APPLICATION NO.339 OF 2023
A/W
COMPANY APPLICATION NO.177 OF 2022
IN
COMPANY APPLICATION NO.314 OF 2008
IN
COMPANY PETITION NO.125 OF 2002
IN CA NO.339/2023 & 177/2022
BETWEEN:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
RANKA CHAMBERS, CUNNIGHAM ROAD, BENGALURU 560052, REP BY ITS DIRECTOR, ARUN B RANKA.
…COMMON APPLLICANT
(BY SRI. JYOTHI. S.K AND G S PRASANNA KUMAR., ADVOCATES)
AND:
…COMMON RESPONDENT
(BY SRI. SHRISHAIL NAVALGUND., ADVOCATE FOR OL)
THIS COMPANY APPLICATION NO.339/2023 IS FILED U/S 5 OF THE LIMITATION ACT PRAYING TO CONDONE THE DELAY OF 19 DAYS IN PREFERRING THE RECALLING APPLICATION FOR RECALLING THE ORDER DT.24.5.2022 PASSED IN COMPANY APPLICATION NO.314/2008, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS COMPANY APPLICATION NO.177/2022 IS FILED UNDER RULES 6 & 9 OF THE COMPANIES COURT RULES 1959 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO RECALL THE ORDER DTD 24.05.2022 PASSED IN COMPANY APPLICATION NO.314/2008, AND PERMIT THE APPLICANT CROSS-EXAMINE THE RESPONDENT AND TO LEAD EVIDENCE OF APPLICANT IN THE INTEREST OF JUSTICE AND EQUITY.
THESE APPLICATIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
C.A.No.339/2023 is filed for condonation of delay of
19 days and C.A.No.177/2022 is filed for recalling the order dated 24.05.2022 and to permit the applicant in the said C.A to cross-examine the respondent, who is the applicant in C.A.No.314/2008. In view of the averments made in the application it is expedient that the applicant be afforded an opportunity to contest the matter on merits. However, it is to be noticed that the proceedings are of the year 2008 and learned counsel for the Official Liquidator points out that vide order dated 26.07.2012
passed in C.A No.198/2012 and C.A No.199/2012, an opportunity was afforded despite which the same has not been availed.
proper that the application to be allowed subject to certain terms.
before the date for appearance before the CPC, failing
which the applicant will lose the benefit of this order.
11.12.2023.
Ordered accordingly.
Sd/JUDGE
AT List No.1: Sl No.06
3 issues framed by the court
Whether the delay of 19 days in filing a recalling application can be condoned under Section 5 of the Limitation Act and Rule 6 of the Companies Court Rules.
Whether the order dated 24.05.2022 can be recalled to permit the applicant to cross-examine the respondent.
Whether the applicant is subject to conditions for availing the condonation of delay and recall of the order.
RANKA DEVELOPERS PVT LTD
THE OFFICIAL LIQUIDATOR
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
