The Karnataka High Court dismissed two original side appeals filed under Section 483 of the Companies Act, 1956 and Section 4 of the Karnataka High Court Act, 1961, against an order passed by the Company Judge.
All pending interlocutory applications were also dismissed.
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 AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE 2023
PRESENT
THE HON’BLE MR. JUSTICE ALOK ARADHE
AND
THE HON’BLE MR. JUSTICE ANANT RAMANATH HEGDE
O.S.A. NO.3 OF 2013
C/W
O.S.A. NO.4 OF 2021
IN O.S.A. NO.3 OF 2013
BETWEEN:
HAVING ITS REGISTERED OFFICE AT NO.49, EAST WING, KHANIJA BHAVAN RACE COURSE ROAD, BANGALORE-560001 REPRESENTED BY ITS ASSISTANT GENERAL MANAGER B. RAJENDRA.
...APPELLANT
(BY SRI. T.P. VIVEKANANDA, ADV.,)
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AND:
…RESPONDENTS
(BY MR. ARUN KUMAR K, SR. COUNSEL & MRS. KRUTIKA RAGHAVAN, ADV., FOR R1 MR. S.S. NAGANAND, SR. COUNSEL FOR MR. RAKESH BHAT, ADV., FOR R2 MS. SHILPA PRASAD, ADV., FOR MRS. MAITREYI KRISHNAN, ADV., FOR APPLICANT IN IA 1/2020 MS. SHILPA PRASAD, ADV., FOR MR. CLIFTON D'ROZARIO, ADV., FOR IMPLEADING APPLICANT IN IA 1/19 MR. VIGNESH SHETTY, ADV., FOR IMPLEADING APPLICANT IN IA 1/21 MR. A.S. NAVEEN, ADV., FOR MR. CHANDRAKANTH R. GOULAY, ADV., FOR IMPLEADING APPLICANT IN IA 2/21 MR. ESHWAR H.H. ADV., FOR IMPLEADING APPLICANT IN IA 5/21)
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THIS O.S.A. IS FILED UNDER SECTION 483 OF THE COMPANIES ACT, 1956 R/W SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THIS ORIGINAL SIDE APPEAL. SET ASIDE THE ORDER PASSED BY THE LEARNED COMPANY JUDGE IN CA NO.1059/2002 DATED 05.12.2012. DISMISS CA NO.1059/2002, WITH COSTS THROUGHOUT IN THE INTEREST OF JUSTICE AND EQUITY.
IN O.S.A. NO.4 OF 2021
BETWEEN:
...APPELLANT
(BY SRI. VIGNESH SHETTY, ADV.,)
AND:
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ALTERNATE ADDRESS M/S. ATLANTIC SPINNING AND WEAVING MILLS LTD NO.4, KANAKSHRI NAGAR COLONY CATHEDRAL ROAD, MADRAS.
…RESPONDENTS
(BY MR. ARUN KUMAR K, SR. COUNSEL & MRS. KRUTHIKA RAGHAVAN, ADV., FOR R1 MR. S.S. NAGANAND, SR. COUNSEL FOR MR. RAKESH BHAT, ADV., FOR R2 MR. T.P. VEVEKANANDA, ADV., FOR R3)
THIS O.S.A. IS FILED UNDER SECTION 483 OF COMPANIES ACT, 1956 R/W SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 05.12.2012, PASSED BY THE LEARNED COMPANY JUDGE IN COMPANY APPLICATION NO.1059/2002, BY ALLOWING THIS ORIGINAL SIDE APPEAL & ETC.
THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 23.06.2023, COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
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JUDGMENT
For the reasons assigned by us in the judgment
passed today in OSA No.4/2013, these appeals fail
and are hereby dismissed.
Consequently, all pending interlocutory
applications are also dismissed.
Sd/JUDGE
Sd/JUDGE
SS
1 issue framed by the court
Whether the original side appeals filed under Sections 483 and 4 should be allowed or dismissed.
2 provisions across 2 enactments
Karnataka State Industrial Infrastructure and Development Corporation Limited
J.M. Financial Asset Reconstruction Company Limited
The Official Liquidator of M/s Shree Krishna Rajendra Mills Limited
M/s Atlantic Spinning and Weaving Mills Limited
M/s Karnataka State Industrial Infrastructure and Development Corporation Limited
Aluk Aradhe
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
