CA/1575/2003 of M/s ITC Agrotech Finance AND Investment Ltd.,(In Liqn.) Vs Sri Yellapragada Madhusudhana Rao, on 31 December 2003

1. Sri Yellapragada Madhusudhana Rao, Kamala Nivas, Street No. 13, No. 3-6-767/A& 1, Himayath, Hyderabad.& 1, Himayath, Hyderabad.

2. S ri M. Ramakrishna, H. No. 1-2-23/4, Plot No. 2, SBH Colony, Domalguda,Hyderabad.Hyderabad.

3. Sri Subhah Misra, Fountain Court, Flat No. 5, 7/1, Little Russel Street, Kolkatta-700071.700071.

4. Sri S. Mukherjee, 5/4/K/3, Dum Dum Road, Kolkatta-700030.

5. S ri S. Thirumalai, Vazeerkonda, No.3, 8-2-309/1, Road No. 14, Banjara Hills,Hyderabad-500034. ………….Respondent/AccusedHyderabad-500034. ………….Respondent/Accused Application U/S. 468 of Companies Act, 1956 and R/w. 9 and 114 of theCompanies (Court) Rules 1959 praying that the High Court may be pleased toi)Order notice to the respondents;i)Order notice to the respondents;

ii)Direct them to deliver possession of the assets, books and records of thecompany forthwith to the Official Liquidator to which the company in liquidationis prima-facie entitled within such specified time as may be deemed fit andalso with any further directions;company forthwith to the Official Liquidator to which the company in liquidationis prima-facie entitled within such specified time as may be deemed fit andalso with any further directions;

iii)Order the cost of this application do come out of the assets of the company;

C.A. No. 1400 of 2004

Between:Sri Yellapragada Madhusudhana Rao, Kamala Nivas, Street No. 13, No. 3-6-767/A & 1,Himayath, Hyderabad.

…. Petitioner(Respondent No. 1 in C.A. No. 1575 of 2003on the file of the High Court)

AND

1. T h e Official Liquidator, High Court of Andhra Pradesh, Hyderabad and theLiquidator of M/s. ITC Agrotech Finance & Investments Ltd. . Liquidator of M/s. ITC Agrotech Finance & Investments Ltd. .

… Respondent(Complainant in do)2. S ri M. Ramakrishna, H. No. 1-2-23/4, Plot No. 2, SBH Colony, Domalguda,Hyderabad.Hyderabad.

3. Sri Subhah Misra, Fountain Court, Flat No. 5, 7/1, Little Russel Street, Kolkatta-700071.700071.

4. Sri S. Mukherjee, 5/4/K/3, Dum Dum Road, Kolkatta-700030.

5. S ri S. Thirumalai, Vazeerkonda, No.3, 8-2-309/1, Road No. 14, Banjara Hills,Hyderabad-500034. Hyderabad-500034.

… Respondents/Accused

Application U/S. 239 of Cr PC r/w Section 9 of Companies Court Rules prayingthat the High Court may be pleased to

i)to discharge the petitioner/accused from the above complaint.ii)To pass such other order or orders as this Hon`ble Court may deem fit andproper in the interest of justice.ii)To pass such other order or orders as this Hon`ble Court may deem fit andproper in the interest of justice.

These applications coming on for orders, upon reading the judge’s summons andthe affidavit filed, in support of these Applications and the order of the High Court dated:05-12-2003, 30-01-2004, 27-02-2004 and made herein and dated: 13-07-2004 and madein C.A. No. 1463 of 2004 and upon hearing the arguments of Official Liquidator for theComplainant in C.A. No. 1575 of 2003 and Respondent No. 1 in C.A. No. 1400 of 2004and Mr. R. Raghunandan, Advocate for the respondent No. 1 in C.A. No. 1575 of 2003and Petitioner in C.A. No. 1400 of 2004 and Mr. P. Murali Krishna, Advocate for therespondent No. 3, in C.A. No. 1575 of 2003 & C.A. No. 1400 of 2004 and Mr. V.Padmanabhan, Advocate for the respondent No. 5, in both CA. Nos. 1575 of 2003 and1400 of 2004 the Court made the followingORDER:

“A-1, A-3 and A-5 are present. In view of the reasons stated in C.A. No. 1512of 2003, presence of A-2 is dispensed with for the present. G.P. for Home isdirected to file a report regarding execution of N.B.W. against A-4. The OfficialLiquidator filed report. Office to furnish copies of the report filed by the OfficialLiquidator to the counsel for the Accused.

It is represented by the learned counsel for A-5, that on the last occasion,though A-5 was present, his appearance was not recorded. The presence of A-5on 27-07-2004 was not recorded due to typographical mistake.Therefore, the appearance A-5 on 27-07-2004 is recorded.

List the matter on 08-09-2004for further orders and appearance”.

JOINT REGISTRAR

// TRUE COPY //SECTION OFFICER

To

1. T h e Official Liquidator, High Court of Andhra Pradesh, Hyderabad and theLiquidator of M/s. ITC Agrotech Finance & Investments Ltd. . Liquidator of M/s. ITC Agrotech Finance & Investments Ltd. .

2. Sri Yellapragada Madhusudhana Rao, Kamala Nivas, Street No. 13, No. 3-6-767/A& 1, Himayath, Hyderabad.& 1, Himayath, Hyderabad.

3. S ri M. Ramakrishna, H. No. 1-2-23/4, Plot No. 2, SBH Colony, Domalguda,Hyderabad.Hyderabad.

4. Sri Subhah Misra, Fountain Court, Flat No. 5, 7/1, Little Russel Street, Kolkatta-700071.(BY RPAD)700071.(BY RPAD)

5. S ri S. Thirumalai, Vazeerkonda, No.3, 8-2-309/1, Road No. 14, Banjara Hills,Hyderabad-500034. (2, 3 & 4 BY SPECIALHyderabad-500034. (2, 3 & 4 BY SPECIAL

MESSENGER)

6. T h e Official Liquidator, 3-8-398, 1[ST] floor, Kendriya Sadan, Sultan Bazar,Hyderabad (BY SPECIAL MESSENGER with a copy of petition and affidavit)Hyderabad (BY SPECIAL MESSENGER with a copy of petition and affidavit)7. Two CCs to the G.P. for Home, High Court of A.P., Hyderabad. (BY SPECIALMESSENGER)MESSENGER)

8. The Section Officer, O.S. Section, High Court of A.P., Hyderabad. (to furnish copiesof the Report filed by the Official Liquidator to the counsel for Accused furnishedunder from 9 to 15)of the Report filed by the Official Liquidator to the counsel for Accused furnishedunder from 9 to 15)

9. Mr. K. Sanjeeva Reddy, Advocate, High Court of A.P., Hyderabad.

10. Mr. O. Manohar Reddy, Advocate, High Court of A.P., Hyderabad.

11. Mr. R. Raghunandan, Advocate, High Court of A.P., Hyderabad.

12. Mr. P. Murali Krishna, Advocate High Court of A.P., Hyderabad.

13. Mr. V. Padmanabhan, Advocate High Court of A.P., Hyderabad.

14. MR. S. Raju, Advocate, High Court of A.P., Hyderabad.15.Mr. S. Ravi, Advoate, High Court of A.P., Hyderabad.16. One spare copy.Ksv KsvDate of drafting: 12-08-2004

HIGH COURT

NVRJ

DATE: 10-08-2004

NOTE: POST THE MATTER ON 80-09-2004

ORDER

COMPANY APPLICATION NO. 1575 OF 2003

ANDCOMPANY APPLICATION 1400 OF 2004INCompany Petition No. 4 OF 1999