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HIGH COURT OF KARNATAKA
B.V.NAGARATHNA,JAYANT PATEL
MRS NAGARATNA M S – Appellant
Versus
SMT M LEELA – Respondent
COMPA/1/2016
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF FEBRUARY 2016
PRESENT
THE HON’BLE MR.JUSTICE JAYANT PATEL
AND
THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA
Company Appeal No.1/2016
C/w.
Company Appeal No.2/2016
BETWEEN:
1. MRS. NAGARATNA M.S
W/O LATE KRISHNAMURTHY M
NO.73, 5TH MAIN ROAD,
CHAMARAJAPET
BANGALORE - 560018
2. MR.K.SHAMSUNDAR
S/O LATE KRISHNAMURTHY M
NO.73, 5TH MAIN ROAD,
CHAMRAJAPET
BANGALORE – 560018
…APPELLANTS
(BY SRI.K.SHRIHARI, ADVOCATE)
2
AND:
1.
SMT M LEELA
W/O LATE MADHUSUDHAN,
NO.22, 16TH CROSS,
J.P.NAGAR, 5TH PHASE,
BANGALORE-560078
2.
MS.M. ARATHI
D/O LATE MADHUSUDHAN,
NO.22, 16TH CROSS,
J.P.NAGAR, 5TH PHASE,
BANGALORE-560078
3.
MS.KIRAN NAGARAJ
D/O LATE MADHUSUDHAN,
NO.307, 11TH MAIN,
BEML LAYOUT, 3RD STAGE,
R.R.NAGAR
BANGALORE-560098
4.
M.AVINASH
S/O LATE MADHUSUDHAN,
47TH ‘A’ CROSS,
8TH BLOCK, JAYANAGAR
BANGALORE-560011
5.
MR.O.ARMUGASWAMY
S/O OLAIKARAGOUDER
NO.213, TEA ESTATE COMPOUND,
RACE COURSE,
COIMBATORE-18
3
6.
M/S CHANDRA SPINNING
& WEAVING MILLS PVT. LTD
9TH CROSS, 5TH MAIN ROAD
CHAMARAJPET
BANGALORE-560018
7.
MRS. CHANDRAPRABHA
W/O LATE M.MANOHAR
71, 5TH MAIN ROAD
CHAMARAJPET
BANGALORE-560018
8.
M.NAGARAJ
NO.71, 5TH MAIN ROAD,
CHAMARAJAPET,
BANGALORE-560018
9.
M.SRINIVAS PRASAD
"ADITYODAYA",
63, 5TH A CROSS,
MCHS COLONY,
16TH MAIN, BTM LAY-OUT
2ND STAGE, BANGALORE-560018
10. M.CHAITHANYA
71, 5TH MAIN ROAD
CHAMARAJPET,
BANGALORE-560018
11. R.KRISHNAMURTHY
S/O RAMASAMY GOUNDER
NO.69, KARUMARAMPALAYAM,
UTHUKULI MAIN ROAD
TIRUPUR-641607
4
12. K.BALACHANDRA
S/O LATE M.KRISHNAMURTHI
NO.73, 5TH MAIN ROAD,
CHAMARAJAPET
BANGALORE-560018
... RESPONDENTS
COMPA NO.2/2016
BETWEEN:
1.
MRS. NAGARATNA M S
W/O LATE KRISHNAMURTHY.M
NO.73, 5TH MAIN ROAD,
CHAMARAJAPET,
BANGALORE-560018
2.
MR.K.SHAMSUNDAR
S/O LATE KRISHNAMURTHY.M
NO.73, 5TH MAIN ROAD,
CHAMARAJPET,
BANGALORE-560018
... APPELLANTS
(BY SRI.K.SHRIHARI, ADVOCATE)
AND:
1.
SMT. M LEELA
W/O LATE MADHUSUDHAN,
NO.22, 16TH CROSS,
J.P.NAGAR, 5TH PHASE,
BANGALORE-560078
5
2.
MS.M. ARATHI
D/O LATE MADHUSUDHAN,
NO.22, 16TH CROSS,
J.P.NAGAR, 5TH PHASE,
BANGALORE-560078
3.
MS.KIRAN NAGARAJ
D/O LATE MADHUSUDHAN,
NO.307, 11TH MAIN,
BEML LAYOUT, 3RD STAGE,
R.R.NAGAR
BANGALORE-560098
4.
M.AVINASH
S/O LATE MADHUSUDHAN,
47TH ‘A’ CROSS,
8TH BLOCK, JAYANAGAR
BANGALORE-560011
5.
MR.O.ARMUGASWAMY
S/O OLAIKARAGOUDER
NO.213, TEA ESTATE COMPOUND,
RACE COURSE,
COIMBATORE-18
6.
M/S T.R.MILLS PRIVATE LTD
A PRIVATE LIMITED COMPANY,
5TH MAIN ROAD,CHAMARAJPET,
BANGALORE–560018
7.
MRS. CHANDRAPRABHA
W/O LATE M.MANOHAR
71, 5TH MAIN ROAD
CHAMARAJPET
BANGALORE-560018
6
8.
M.NAGARAJ
NO.71, 5TH MAIN ROAD,
CHAMARAJAPET,
BANGALORE-560018
9.
M.SRINIVAS PRASAD
"ADITYODAYA",
63, 5TH A CROSS,
MCHS COLONY,
16TH MAIN, BTM LAY-OUT
2ND STAGE, BANGALORE-560018
10. M.CHAITHANYA
71, 5TH MAIN ROAD
CHAMARAJPET,
BANGALORE-560018
11. R.KRISHNAMURTHY
S/O RAMASAMY GOUNDER
NO.69, KARUMARAMPALAYAM,
UTHUKULI MAIN ROAD
TIRUPUR-641607
12. K.BALACHANDRA
S/O LATE M.KRISHNAMURTHI
NO.73, 5TH MAIN ROAD,
CHAMARAJAPET
BANGALORE-560018
... RESPONDENTS
THESE COMPANY APPEALS ARE FILED UNDER
SECTION 10F OF THE COMPANIES ACT, 1956,
PRAYING
TO
SET
ASIDE
THE
ORDER
DATED
7
20.01.2016 ON CA NOS.1/2015, 2/2015 AND 3/2015
IN C.P NO.6/2008 IN COMPA.1/2016 AND C.P
NO.7/2008
IN
COMPA.2/2016
PASSED
BY
THE
COMPANY
LAW
BOARD
ADDITIONAL
PRINCIPAL
BENCH, CHENNAI, AND FOR SUCH OTHER AND
FURTHER ORDERS AS DEEMED FIT.
THESE APPEALS COMING ON FOR ADMISSION
THIS DAY, JAYANT PATEL J., DELIVERED THE
FOLLOWING:
JUDGMENT
As in both the appeals, common issues are raised,
they are considered simultaneously. Both the appeals
are directed against orders passed by the Company Law
Board (hereinafter referred to as `CLB’) whereby, delay
of 82 days is condoned and the abatement is set aside
