The High Court of Karnataka dismissed a Company Application under Sections 454(5) and (5A) of the Companies Act, 1956 as abated, as the sole accused, the ex-director of the company, expired during the pendency of the proceedings.
Proceedings stood dismissed as abated due to the death of the sole accused.
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 21ST DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
COMPANY APPLICATION NO. 76 OF 2018
IN
COMPANY PETITION NO.148 OF 2015
BETWEEN:
OFFICIAL LIQUIDATOR OF M/S MAGNUM INTERGRAFIKS PRIVATE LIMITED (IN LIQN), ATTACHED TO HIGH COURT OF KARNATAKA, CORPORATE BHAVAN, NO. 26-27, 12TH FLOOR, RAHEJA TOWERS, M.G. ROAD, BENGALURU 560001
…APPLICANT
(BY SRI. K S MAHADEVAN.,ADVOCATE FOR O.L.)
AND:
Digitally signed AND: by NARAYANAPPA SRI SUDHIR PRABHAKAR GHATE LAKSHMAMMA Location: HIGH S/O. PRABHAKARGHATE, COURT OF NEEDAM, KARNATAKA BEHIND SDM LAW COLLEGE, M.G. ROAD, MANGALORE 575003
…RESPONDENT
(BY SRI. SATISH KUMAR .,ADVOCATE V/O/D 01.07.2021)
THIS COMPANY APPLICATION IS FILED UNDER SECTION 454(5) AND (5A) OF THE COMPANIES ACT, 1956 READ WITH RULE 132 OF THE COMPANIES (COURT) RULES, 1959 PRAYING TO TAKE
NC: 2024:KHC:11799 CA No. 76 of 2018 In COP No.148 of 2015
COGNIZANCE OF THE OFFENCE COMMITTED BY THE ACCUSED HEREIN BY NOT COMPLYING WITH THE REQUIREMENT OF PROVISION OF SECTION 454 OF THE COMPANIES ACT, 1956 AND TO TRY THEM FOR THE SAID OFFENCE IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN THE CODE OF CRIMINAL PROCEDURE AND PUNISH THEM ACCORDINGLY AND ETC.
THIS COMPANY APPLICATION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
on 14.3.2024.
3. In that view of the matter, the proceedings stand
dismissed as abated.
Sd/JUDGE
SR
List No.: 1 Sl No.: 14
2 issues framed by the court
Whether proceedings under Section 454 of the Companies Act, 1956 for non-appearance of the accused stand dismissed due to the death of the accused.
Whether dismissal of the application as abated is the appropriate order in light of the accused's death during pendency.
2 provisions across 2 enactments
OFFICIAL LIQUIDATOR OF M/S MAGNUM INTERGRAFIKS PRIVATE LIMITED (IN LIQN)
NARAYANAPPA SRI SUDHIR PRABHAKAR GHATE
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
