Andhra Pradesh High Court
CIVIL APPEAL 634 of 2010 on 4 December 2006
APHC010025842012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311](Special Original Jurisdiction)
THURSDAY ,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
COMPANY APPLICATION NO: 1118/2012
Between:
Sri Dindakurthi Krishna Murthy Gupta
...APPELLANT
AND
M/s Vijetha Agro Farms India Limited and ...RESPONDENT(S)another Counsel for the Appellant:
1. ABHINAND KUMAR SHAVALI
2.. P.S. RAJASHEKAR
Counsel for the Respondent(S):
1.T V P SAI VIHARI(SC FOR OFFICIAL LIQUIDATOR)
The Court made the following:
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ORDER:
This application has been filed in C.A.No. 634 of 2010 in C.P.No. 128 of 2005 under Order IX Rule 13 CPC read with Section 466 of the Companies Act, 1956 and Rules 6 & 9 of the Companies (Court) Rules, 1959, seeking to set aside the winding up order, dated 04.12.2006 in Company Petition No.128 of 2005 keeping the Rs. 10,00,00,000/- (ten crore rupees) worth of landed property and release the other properties in favour of the petitioner.
2. No representation for the applicant.
3. The learned Standing Counsel for the Official Liquidator, representing respondent No. 1, stated that the sole applicant died on November 25, 2017. A copy of the applicant's death certificate, which was already filed in the other batch matter, has been filed today in the registry through a memo.
4. He further stated that the applicant offered a deposit of Rs.10,00,00,000/- (Rupees ten crore only) to demonstrate his bona fides by filing application in COMPA No.755 of 2011 in C.A.No.1481 of 2010 in CP No.128 of 2005. Thereafter, this Court allowed the said application on 16.08.2011, permitting him to deposit the said amount within eight weeks from the date of the order, with a caution note that mere permission to deposit the BSB, J
Comp. Appln. No.1118 of 2012
amount should not be construed as the Court’s opinion on the maintainability of the applicant's request to set aside the order, dated 04.12.2006, passed in Company Petition No.128 of 2005. It is further submitted that the order passed in COMPA No.755 of 2011 has not been complied with.
5. In view of the death of the sole applicant and as no steps have been taken to implead legal representative of the applicant, the petition is abated by operation of law.
6. Accordingly, the company application No.1118 of 2012 is closed.
________________________
JUSTICE B.S.BHANUMATHI Date:19-09-2024 RMD
RMD
THE HON’BLE MS JUSTICE B.S.BHANUMATHI
COMPANY APPLICATION No.1118 of 2012
Dated: 19-09-2024