Court disposed contempt application seeking warrant for production of title deeds. Held originals not immediately required. Application dismissed with liberty to file fresh one later.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 2ND DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
CA NO.40/2022 IN COP NO.57/2012
BETWEEN:
OFFICIAL LIQUIDATOR M/S UNITED BREWERIES HOLDINGS LIMITED (IN LIQUIDATION) ATTACHED TO HON'BLE HIGH COURT OF KARNATAKA, ‘CORPORATE BHAVAN’, NO.26-27, 12TH FLOOR, RAHEJA TOWERS, M G ROAD, BENGALURU-560 001.
...APPELLANT
(BY SMT. KRUTIKA RAGHAVAN, ADVOCATE) AND:
SRI NAVEEN PRASAD T A, AGM AND HEAD LEGAL, KARNATAKA AND GOA,HDFC LTD., NO.51, 4TH FLOOR, KASTURBA ROAD, BENGALURU-560 001.
… RESPONDENT
(BY SRI. MOHAMMED SHAMUR, ADVOCATE)
THIS APPLICATION IS FILED UNDER RLE 160 R/W SECTION 460(4) OF THE COMPANIES ACT, 1956 PRAYING TO ISSUE A WARRANT FOR THE APPREHENSION OF RESPONDENT AND PRODUCTION OF SUCH DOCUMENTS AND ETC.,
THIS APPLICATION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
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ORDER
Learned Standing counsel appearing for the Official Liquidator submits that the subject Application is moved seeking a direction to produce the original Title Deeds, on the ground that it is necessary to have the originals for taking up the adjudicatory process at the hands of the Official Liquidator. Learned Sr. Advocate Mr. Dhyan Chinnappa appearing for the contesting Respondent submits that the adjudicatory process can go on sans production of originals since copies already furnished would now suffice and at the appropriate stage, the subject Application can be considered.
In view of the above, the subject Application is disposed off reserving liberty to the Official Liquidator to make a fresh one at the appropriate stage. When such
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an application is made, the other side shall not oppose it arguing res judicata or the like.
Sd/JUDGE
Bsv
2 issues framed by the court
Whether warrant for apprehension and production of original title deeds is required for adjudicatory process without originals.
Whether respondent can oppose fresh application under res judicata if made at appropriate stage.
2 provisions across 1 enactments
OFFICIAL LIQUIDATOR M/S UNITED BREWERIES HOLDINGS LIMITED
SRI NAVEEN PRASAD T A
KRISHNA S.DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
