Karnataka High Court

CIVIL APPEAL 7 of 2019 on 30 November 1990

Digitally signedby MEGHAMOHANLocation: HIGHCOURT OFKARNATAKA

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30[TH] DAY OF JANUARY, 2025

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI COMPANY APPLICATION NO. 7 OF 2019

COMPANY PETITION NO.131/1988

BETWEEN:

MR. KIRIT MORZARIA S/O. C.G. MORZARIA, AGED ABOUT 64 YEARS, RESIDING AT #1B, TOUNNE HOUSE NO.6, HAUDIN ROAD, ULSOOR, BANGALORE-560 042

…APPLICANT

(BY SRI. SAJI P. JOHN, ADVOCATE)

AND:

1.INTERNATIONAL COACH BUILDERS LIMITED(IN LIQUIDATION) REPRESENTED BY THE OFFICIAL LIQUIDATOR ATTACHED TO THE HIGH COURT OF KARNATAKA, "CORPORATE BHAVAN", NO.26-27, 12TH FLOOR, RAHEJA TOWERS, M.G. ROAD, BENGALURU-560 001

2.KARNATAKA STATE INDUSTRIAL INVESTMENT ANDDEVELOPMENT CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, 4[TH] FLOOR, EAST WING, NO.49, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560 009 DEVELOPMENT CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, 4[TH] FLOOR, EAST WING, NO.49, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560 009

3.KARNATAKA STATE FINANCIAL CORPORATIONREPRESENTED BY ITS MANAGING DIRECTOR, NO.1/1, THIMAYA ROAD, REPRESENTED BY ITS MANAGING DIRECTOR, NO.1/1, THIMAYA ROAD, BANGALORE-560 052

4. GLOBE DETECTIVE AGENCY PRIVATE LIMITED 601-603, EROS APARTMENT 56, NEHRU PALCE, NEW DELHI-110 019 601-603, EROS APARTMENT 56, NEHRU PALCE, NEW DELHI-110 019

5. SWASTIC SALES CORPORATION 11/4, JAMEDAR MOHAMMED GHOUSE LN SP ROAD CROSS, DODPETE, NAGARATHPETE, BANGALORE-560 002. 11/4, JAMEDAR MOHAMMED GHOUSE LN SP ROAD CROSS, DODPETE, NAGARATHPETE, BANGALORE-560 002.

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6. PARAGON DETECTIVE AND SECURITY AGENCY PRIVATE LIMITED, 116/2, 11[TH] CROSS, NEAR POST OFFICE, MALLESWARAM, BANGALORE-560 003 AGENCY PRIVATE LIMITED, 116/2, 11[TH] CROSS, NEAR POST OFFICE, MALLESWARAM, BANGALORE-560 003

7. ALMAS ASSOCIATES 28/2, NEAR VINAYAKA AGENCY, SP ROAD, BANGALORE-560 002 28/2, NEAR VINAYAKA AGENCY, SP ROAD, BANGALORE-560 002

8. KESHAVLAL AND CO. NO.71, NARASIMHA RAJ ROAD, N.R. ROAD, NEAR TOWN HALL, BANGALORE-560 002 NO.71, NARASIMHA RAJ ROAD, N.R. ROAD, NEAR TOWN HALL, BANGALORE-560 002

9. ALLIED INDUSTRIAL PRODUCTS SHOP NO.4-4-115, MAHANKALI STREET, SECUNDERABAD, HYDERABAD, TELANGANA-500 003 SHOP NO.4-4-115, MAHANKALI STREET, SECUNDERABAD, HYDERABAD, TELANGANA-500 003

10.PC MALPANI AND CO. SHOP NO.83, J. C. ROAD, KALASIPALYAM NEW EXTENSION, KALASIPALYAM, BANGALORE-560 002. SHOP NO.83, J. C. ROAD, KALASIPALYAM NEW EXTENSION, KALASIPALYAM, BANGALORE-560 002.

(BY SMT.KRUTIKA RAGHAVAN, ADVOCATE FOR OL SRI.BIPIN HEGDE, ADVOCATE FOR R3 SMT.LAKSHMI S. HOLLA, ADVOCATE FOR R2 SMT.R.S.PREMALATHA, ADVOCATE FOR R4 R8, R7, R5- SERVED) SRI.BIPIN HEGDE, ADVOCATE FOR R3 SMT.LAKSHMI S. HOLLA, ADVOCATE FOR R2 SMT.R.S.PREMALATHA, ADVOCATE FOR R4 R8, R7, R5- SERVED)

…RESPONDENTS

THIS APPLICATION IS FILED UNDER SECTION 446 OF THE COMPANIES ACT READ WITH RULE 6 AND 9 OF THE COMPANIES (COURT) RULES 1959, PRAYING TO RECALL THE WINDING UP ORDER DATED 30.11.1990 IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPLICATION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

C.A.No.7/2019 is filed to recall the winding up order. The Official Liquidator has taken an objection that the applicant has not come with a comprehensive scheme. Learned counsel for the applicant submits that he may be permitted to withdraw CA.No.7/2019 with a liberty to come up with a comprehensive scheme. The Official Liquidator submits that he has no objections.

2. Accordingly, CA.No.7/2019 is dismissed as withdrawn with a liberty to file a proper application with a comprehensive scheme.

SD/- (LALITHA KANNEGANTI) JUDGE

List No.:1 Sl No.:13

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