THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ COMPANY APPLICATION NO. 35 OF 2024 IN COMPANY APPLICATION NO. 238 OF 2011 IN COMPANY PETITION NO. 175 OF 2004

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BETWEEN:

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OFFICIAL LIQUIDATOR OF M/S COMPUDYNE WINFOSYSTEMS LIMITED (IN LIQUIDATION), ATTACHED TO HIGH COURT OF KARNATAKA, CORPORATE BHAVAN, NOS 26-27, 12^TH FLOOR, RAJEJA TOWERS, M.G. ROAD, BENGALURU 560001

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…APPLICANT

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(BY SRI. SHRISHAIL NAVALGUND., ADVOCATE FOR OL)

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Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA

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AND:

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MR S S DAHIYA S/O A S DAHIYA, 75, RAJU NAIDU ROAD, TATABAD, COIMBATORE 641012

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MR JABBAR AFAAQ 290, 18^TH MAIN, 6^TH BLOCK, KORAMANGALA, BENGALURU 560034

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MR MARC KOLBA S/O WINRICHEERNST KOLBE, 24501, WINGGIELD ROAD, HIDDEN HILLS, CA 91302, U.S.A

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2 - NC: 2024:KHC:11798 CA No. 35 of 2024 In CA No.238 of 2011 In COP No.175 of 2004

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MR K G PRAKASH S/O MR K GOVINDA RAO, 125, 17^TH CROSS, 11^TH MAIN, MALLESHWARAM BENGALURU 560003

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SMT SUMITRA DAHIYA W/O S S DAHIYA, 452, 3^RD BLOCK, 3^RD CROSS, 15^TH MAIN, KORAMANGALA, BENGALURU 560010 (DISCHARGED BY ORDER DATED 22.09.2011)

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MR PRASAD M NEGINHAL S/O T N MONOHAR, NO 2576, 11^TH MAIN, E BLOCK, RAJAJINAGAR, 2^ND STAGE, BENGALURU 560010 (DISCHARGED BY ORDER DATED 13.10.2011)

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MR V V KALYANASUNDARAM S/O MR V S VAIDYANATHA IYER, NO 201, SHARAVATHI BLOCK, NATIONAL GAMES VILLAGE, KORAMANGALA BENGALURU 560034

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…RESPONDENTS

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PROPOSED RESPONDENT

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SMT SUMITHRA DAHIYA W/O S S DAHIYA, 452, 3^RD BLOCK, 3^RD CROSS, 15^TH MAIN, KORAMANGALA, BENGALURU 560010

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…PROPOSED RESPONDENT

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THIS COMPANY APPLICATION IS FILED UNDER RULE 6 AND9 OF THE COMPANIES (COURT) RULES, 1959 R/W ORDER I RULE 10 OF THE CPC, 1908 PRAYING TO PETMIT THE OFFICIAL LIQUIDATOR TO IMPLEAD THE PROPOSED RESPONDENT NO.1 IN COMPANY APPLICATION IN LIEU OF LATE S.S. DAHIYA AND ETC.

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NC: 2024:KHC:11798 CA No. 35 of 2024 In CA No.238 of 2011 In COP No.175 of 2004

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

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ORDER

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CA No.35/2024 has been filed seeking for the following relief;

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a) To permit the Official Liquidator to implead the proposed respondent Smt. Sumitra Dahiya, W/o S.S. Dahiya as respondent No.1 in Company Application No.238/2011 in lieu of late of S.S. Dahiya.

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b) To pass such other or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.

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Office objection has been raised as regards the above application, as regards the application for condonation of delay in setting aside the abatement has not been filed.

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The Hon’ble Division Bench in WP No.35603/2011, has held that a single application could be filed in writ proceedings and also civil proceedings for bringing the legal heirs on record seeking for condonation of delay and setting aside the abatement, the said order would equally apply to company applications also.

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NC: 2024:KHC:11798 CA No. 35 of 2024 In CA No.238 of 2011 In COP No.175 of 2004

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In that view of the matter, learned counsel for the official liquidator seeks permission to withdraw CA No.35/2024 and file a fresh application seeking for the aforesaid reliefs.

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Accepting the said submission CA No.35/2024 is dismissed as withdrawn , with liberty to file a fresh consolidated application.

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Sd/JUDGE

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SR List No.: Sl No.:

Official Liquidator of v. Mr S S Dahiya

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Official Liquidator of v. Mr S S Dahiya

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