Karnataka High Court

CA/2416/2013 of CRONUS INVESTMENT PTE.LTD Vs CALYPSO FOODS PVT LTD on 20 December 2013

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HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 20 th DAY OF DECEMBER 2013 BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY COMPANY APPLICATION No. 2416 OF 2013 IN COMPANY PETITION No.193 OF 2010 BETWEEN: Cronus Investments Pte. Limited, A Company incorporated under the Laws of Singapore,

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 20[th] DAY OF DECEMBER 2013 BEFORE:

THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

COMPANY APPLICATION No. 2416 OF 2013

INCOMPANY PETITION No.193 OF 2010

BETWEEN:

Cronus Investments Pte. Limited, A Company incorporated under the Laws of Singapore, having its office at No.36, Robinson Road, 18[th] Floor, City House, Singapore 068877, Represented by its Director, Ms. Chantal Maria Cecilia Blommerde.

… APPLICANT

(By Shri. C.K. Nanda Kumar, Advocate)

AND:

1. Calypso Foods Private Limited, A company incorporated under the Companies Act, 1956 and Having its Registered office at 565-566, Hassan Growth Centre, K.I.A.D.B. Land, Hassan, Karnataka, Represented by its Managing Director, Mr. Debashish Mitra.

2. Mr. Debashish Mitra, No.365, 8[th] Main, 4[th] Block, Koramangala, Bangalore – 560 034. No.365, 8[th] Main, 4[th] Block, Koramangala, Bangalore – 560 034.

3. Mrs. Vinita Mitra (Director), Wife of Mr. Debashish Mitra, No.369, 8[th] Main Block, Koramangala, Bangalore – 560 034. Wife of Mr. Debashish Mitra, No.369, 8[th] Main Block, Koramangala, Bangalore – 560 034.

4. Mr. Pranav Vipinchandra Parekh, Director, suite No.1132, Hillon Towers, Nariman Point, Mumai. Director, suite No.1132, Hillon Towers, Nariman Point, Mumai.

5. Mr. Soumitro Banerji, Director, Calypso Foods Private Limited, 565-566, Hassan Growth Centre, K.I.A.D.B. Land, Hassan, Karnataka. Director, Calypso Foods Private Limited, 565-566, Hassan Growth Centre, K.I.A.D.B. Land, Hassan, Karnataka.

6. Mr. Christopher Anthony Seymour, Director, No.14, Marlborough Street, London SW 3 3PS. Director, No.14, Marlborough Street, London SW 3 3PS.

7. Mr. Rajesh Ranjan, Director, Calypso Foods Private Limited, 565-566, Hassan Growth Centre, Director, Calypso Foods Private Limited, 565-566, Hassan Growth Centre, K.I.A.D.B. Land, Hassan, Karnataka. Hassan, Karnataka.

8. Mr. Piyush Kanti Sinha, Director, Calypso Foods Private Limited, 565-566, Hassan Growth Centre, Director, Calypso Foods Private Limited, 565-566, Hassan Growth Centre, K.I.A.D.B. Land, Hassan, Karnataka.

9. Mr. Shubhro Sen, Director, Director,

No.40, Arrowhead, Wrentham, Ma 02093, U.S.A.

10. Mr. Moneesh Chatterjee, Director, Director, 35, Bridle Path Lane, Madison, Ct 06443, U.S.A.

…RESPONDENTS

(Respondent Nos. 1, 5, 7 and 8 are served Notice to Respondent Nos. 2, 3, 4, 6 and 9 held sufficient, Shri. Basavaraj, Senior Technical Assistant, accepts notice for Registrar of Companies Smt. Gowher Unnisa, C.G.C., for Registrar of Companies)

*****

This Company Application is filed under Section 151 of the Code of Civil Procedure, 1908 read with Rule 6 and 9 of Company (Court) Rules, 1959, praying to recall the order dated 3.12.2013 accepting the affidavit filed by Regional Director and grant such others reliefs; This Company Application coming on for Orders this day, the Court made the following: -

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O R D E R

The order dated 3.12.2013 is recalled, as the affidavit referred to in the order was an affidavit filed on behalf of the Central Government indicating that the applicant had invoked the wrong provision of law. Therefore, the application is allowed and the order stands recalled.

Sd/- JUDGE

KS

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