Appellant filed company application seeking mention of pending company appeal, disclosing post-discovery that appellant died during pendency. Court held appeal abated and dismissed it as abated, disposing of the application.
Company Appeal No.1 of 2015 dismissed as abated; Company Application No.1107 of 2015 disposed.
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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY COMPANY APPLICATION No.1107 of 2015
in/and COMPANY APPEAL No.1 of 2015
11.08.2015
Between:
P.Lingamgoud
…Applicant/Appellant
And
M/s.Vishweshwara Finance & Chit Funds (P) Limited, Hyderabad
…Respondent
Counsel for the applicant/appellant: Mr. G. Vijaya Kumar
Counsel for the respondent: Mr.J.Srinadh Reddy, for Mr.M.Anil Kumar, for Official Liquidator
The Court made the following:
COMMON ORDER:
Company Application No.1107 of 2015 is filed for posting the Company Appeal under the caption “for being mentioned”. In the affidavit filed in support of this application, the leaned counsel for the applicant/appellant, stated that after the disposal of the Company Appeal on 22.06.2015, he has come to know that the applicant/appellant died on 15.05.2015 and that as the said fact was not in his knowledge when the Company Appeal was partly allowed on 22.06.2015, he could not bring the same to the notice of this Court.
In the light of the above fact that the sole appellant died before the Company Appeal was disposed of on 22.06.2015, the Company Appeal itself has abated.
Hence, order, dated 22.06.2015 in Company Appeal No.1 of 2015 is recalled and Company Appeal No.1 of 2015 is dismissed as abated. Company Application No.1107 of 2015 stands disposed of.
__________________________ (C.V.NAGARJUNA REDDY, J)
11th August, 2015 GHN
1 issue framed by the court
Whether the Company Appeal abates due to the death of the sole appellant before its final disposal?
2 provisions across 2 enactments
P.Lingamgoud
M/s.Vishweshwara Finance & Chit Funds (P) Limited
C.V.NAGARJUNA REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
