The High Court of Karnataka dismissed Company Applications No. 347/2012 and 121/2012 as infructuous because the matter had already been resolved by orders dated 16.09.2021 passed in other applications.
Both Company Applications No. 121/2012 and 347/2012 were dismissed as having been rendered infructuous.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA COMPANY APPLICATION NO. 347 OF 2012
A/W
COMPANY APPLICATION NO.121 OF 2012
IN
COMPANY PETITION NO.40 OF 1998
IN CA No.347/2012
BETWEEN:
… APPLICANT
Digitally
signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
(BY SRI A K VASANTH & M K GIRISH ASSOCIATES, ADVOCATES)
AND:
BANGALORE 560005
…RESPONDENTS
(BY SRI K S MAHADEVAN, ADVOCATE FOR OFFICIAL LIQUIDATOR)
THIS COMPANY APPLICATION NO.347/2012 IS FILED UNDER SECTION 5 OF THE LIMITATION ACT FOR CONDONATION OF DELAY.
IN CA No.121/2012
BETWEEN:
…APPLICANT
(BY SRI A K VASANTH & M K GIRISH ASSOCIATES, ADVOCATES)
AND:
…RESPONDENTS
(BY SRI K S MAHADEVAN, ADVOCATE FOR OFFICIAL LIQUIDATOR)
THIS COMPANY APPLICATION NO.121/2012 IS FILED UNDER SECTION 9 OF THE COMPANIES ACT 1956, FOR RECALLING THE ORDER DATED 12.08.2010.
THESE APPLICATIONS, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the appellant and learned Senior
counsel for respondent No.4 are present.
said order dated 16.09.2021 passed in C.A. Nos.122/2021 and 121/2021, C.A.Nos.121/2012 and 347/2012 may be dismissed as infructuous.
NC: 2023:KHC:38180 CA No. 347 of 2012 A/W CA No.121 OF 2012 IN CP No.40 OF 1998
Sd/JUDGE
BS
2 issues framed by the court
Whether Company Applications No. 121/2012 and 347/2012 should be dismissed as infructuous in view of earlier orders dated 16.09.2021.
Whether condonation of delay under the Limitation Act and recall of order under the Companies Act 1956 are maintainable.
OFFICIAL LIQUIDATOR OF M/S BRINDAVAN VEGETABLE REFINERIES PVT LTD
KADABA RAMASWAMY NAGENDRA
PREMALATHA
ARIF ALI
N RUSTUMJI
M M SAMI
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
