Allowed

S Vinay Gundi v. M/S Sri Siddeshwara Textiles Mills P Ltd.

Karnataka HC4 Apr 2024CA/125/2021

Case brief

AI extract

What is this about?

Applications to condone a 2974-day delay in filing a legal representative application, set aside abatement of applicant No.4 who died, and substitute his wife as legal representative in a pending company application. Delay condoned, abatement set aside, wife brought on record.

What did the court decide?

Delay of 2974 days condoned; abatement set aside; wife brought on record as L.R. of applicant No.4; amendment of cause title directed.

S Vinay Gundi Vs M/S Sri Siddeshwara Textiles… — Succession and Inheritance | Karnataka HC (2024)

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1 - NC: 2024:KHC:14250 CA No. 125 of 2021 C/W CA No. 126 of 2021 C/W CA No. 127 of 2021 C/W In CA No.297 of 2011 In COP No of 106 of 2006

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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COMPANY APPLICATION NO.125 OF 2021 C/W

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COMPANY APPLICATION NO.126 OF 2021

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C/W

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COMPANY APPLICATION NO.127 OF 2021 IN

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COMPANY APPLICATION NO.297 OF 2011

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IN COMPANY PETITION NO.106 OF 2006

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IN CA NO. 125/2021 BETWEEN:

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Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA

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S VINAY GUNDI

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S/O G.M. SHIVA NANDAPPA, AGED ABOUT 55 YEARS, OCC: PRIVATE EMPLOYMENT, NO 113, FERNS HABITAT LAYOUT, DODDANEKUNDI, OUTER RING ROAD, BENGALURU SOUTH-560037.

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SMT. G.S. SHOBHA W/O LATE G.M. SHIVANANDAPPA AGED ABOUT 70 YEARS,

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VIJAY GUNDI, S/O LATE G.M. SHIVANANDAPPA AGED ABOUT 50 YEARS

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2 - NC: 2024:KHC:14250 CA No. 125 of 2021 C/W CA No. 126 of 2021 C/W CA No. 127 of 2021 C/W In CA No.297 of 2011 In COP No of 106 of 2006

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G.M. DINESH S/O LATE G.M. MURIGEPPA AGED ABOUT 49 YEARS,

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APPLICANT NO. 2 TO 4 ARE R/O NO. 73, 2^ND MAIN ROAD, P.J. EXTENSION, DAVANGERE-577002.

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…APPLICANTS

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(BY SMT. SARITHA KULKARNI & SMT. REENA R., ADVOCATES)

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AND:

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M/S SRI SIDDESHWARA TEXTILES MILLS P LTD NITUVALLI VILLAGE, DAVANGERE

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REP BY ITS DIRECTOR

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DAVANGEREE HARIHARA URBAN SAHAKARA BANK NIYAMITA, NEAR ONION MARKET, P.B.ROAD, DAVANAGERE-577002.

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…RESPONDENTS

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(BY SRI. JAGADEESH GOUD PATIL., ADVOCATE FOR O.L.)

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THIS COMPANY APPLICATION IS FILED UNDER SECTION 5 OF LIMITATION ACT PRAYING TO CONDONE THE DELAY OF 2974 DAYS IN FILING THE L.R. APPLICATION IN THE INTEREST OF JUSTICE AND EQUITY.

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IN CA NO. 126/2021 BETWEEN:

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S VINAY GUNDI S/O G.M. SHIVA NANDAPPA, AGED ABOUT 55 YEARS,

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3 - NC: 2024:KHC:14250 CA No. 125 of 2021 C/W CA No. 126 of 2021 C/W CA No. 127 of 2021 C/W In CA No.297 of 2011 In COP No of 106 of 2006

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OCC: PRIVATE EMPLOYMENT, NO 113, FERNS HABITAT LAYOUT, DODDANEKUNDI, OUTER RING ROAD, BENGALURU SOUTH-560037.

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SMT. G.S. SHOBHA W/O LATE G.M. SHIVANANDAPPA AGED ABOUT 70 YEARS,

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VIJAY GUNDI, S/O LATE G.M. SHIVANANDAPPA AGED ABOUT 50 YEARS

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G.M. DINESH S/O LATE G.M. MURIGEPPA AGED ABOUT 49 YEARS,

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APPLICANT NO. 2 TO 4 ARE R/O NO. 73, 2^ND MAIN ROAD, P.J. EXTENSION, DAVANGERE-577002.

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…APPLICANTS

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(BY SMT. SARITHA KULKARNI & SMT. REENA R., ADVOCATES) AND:

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M/S SRI SIDDESHWARA TEXTILES MILLS P LTD NITUVALLI VILLAGE, DAVANGERE

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REP BY ITS DIRECTOR

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DAVANGEREE HARIHARA URBAN SAHAKARA BANK NIYAMITA, NEAR ONION MARKET, P.B.ROAD, DAVANAGERE-577002.

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…RESPONDENTS

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NC: 2024:KHC:14250 CA No. 125 of 2021 C/W CA No. 126 of 2021 C/W CA No. 127 of 2021 C/W In CA No.297 of 2011 In COP No of 106 of 2006

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(BY SRI. JAGADEESH GOUD PATIL., ADVOCATE FOR O.L.)

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THIS COMPANY APPLICATION IS FILED UNDER ORDER XXII RULE 1 AND 2 OF CPC PRAYING TO SET ASIDE THE ABETMENT OF APPLICATION IN THE INTEREST OF JUSTICE AND EQUITY.

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IN CA NO. 127/2021 BETWEEN:

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S VINAY GUNDI S/O G.M. SHIVA NANDAPPA, AGED ABOUT 55 YEARS, OCC: PRIVATE EMPLOYMENT, NO 113, FERNS HABITAT LAYOUT, DODDANEKUNDI, OUTER RING ROAD, BENGALURU SOUTH-560037.

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SMT. G.S. SHOBHA

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W/O LATE G.M. SHIVANANDAPPA AGED ABOUT 70 YEARS,

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VIJAY GUNDI, S/O LATE G.M. SHIVANANDAPPA AGED ABOUT 50 YEARS

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G.M. DINESH S/O LATE G.M. MURIGEPPA AGED ABOUT 49 YEARS,

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APPLICANT NO. 2 TO 4 ARE R/O NO. 73, 2^ND MAIN ROAD, P.J. EXTENSION, DAVANGERE-577002.

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…APPLICANTS

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(BY SMT. SARITHA KULKARNI & SMT. REENA R., ADVOCATES)

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5 - NC: 2024:KHC:14250 CA No. 125 of 2021 C/W CA No. 126 of 2021 C/W CA No. 127 of 2021 C/W In CA No.297 of 2011 In COP No of 106 of 2006

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AND:

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M/S SRI SIDDESHWARA TEXTILES MILLS P LTD NITUVALLI VILLAGE, DAVANGERE

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REP BY ITS DIRECTOR

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DAVANGEREE HARIHARA URBAN SAHAKARA BANK NIYAMITA, NEAR ONION MARKET, P.B.ROAD, DAVANAGERE-577002.

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…RESPONDENTS

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(BY SRI. JAGADEESH GOUD PATIL., ADVOCATE FOR O.L.)

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THIS COMPANY APPLICATION IS FILED UNDER ORDER XXII RULE 3 OF CPC PRAYING TO PERMIT THE FOLLOWING MENTIONED PERSONS TO COME ON RECORD AS L.R’s OF THE APPLICANT NO.4 IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE COMPANY APPLICATIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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CA No.125/2021 has been filed seeking for the

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following relief;

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To condone the delay of 2974 days in filing the L.R. Application in the interest of justice and equity.

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CA No.126/2021 has been filed seeking for the

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following relief;

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6 - NC: 2024:KHC:14250 CA No. 125 of 2021 C/W CA No. 126 of 2021 C/W CA No. 127 of 2021 C/W In CA No.297 of 2011 In COP No of 106 of 2006

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To set aside the abetment of application in the interest of justice and equity.

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3. CA No.127/2021 has been filed seeking for the following relief;

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To permit the following mentioned persons to come on record as L.R’s of the Applicant No.4 in the interest of justice and equity.

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During the pendency of the above matter, applicant No.4 in C.A.No.297/2011 expired on 25.11.2022. Hence, C.A.No.125/2021 has been filed for condonation of delay, C.A.No.126/2021 has been filed seeking for setting aside abatement and C.A.No.127/2021 has been filed by the wife of said Dinesh Gundi - applicant no.4 in C.A.No.297/2011 to come on record.

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Accepting the reasons stated in support of C.A.No.125/2021, the delay is condoned. The abatement in respect of applicant No.4 is set aside. The person named in C.A.No.127/2021 is brought on

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7 - NC: 2024:KHC:14250 CA No. 125 of 2021 C/W CA No. 126 of 2021 C/W CA No. 127 of 2021 C/W In CA No.297 of 2011 In COP No of 106 of 2006

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record as legal representative of applicant No.4 in C.A.No.297/2011.

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The applicant in C.A.No.297/2011 to carry out the necessary amendment and file amended causetitle in C.A.No.297/2011.

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Sd/JUDGE

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List No.: Sl No.:

S Vinay Gundi v. M/S Sri Siddeshwara Textiles Mills P Ltd.

Case brief

What is this about?

What did the court decide?

S Vinay Gundi v. M/S Sri Siddeshwara Textiles Mills P Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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