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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF SEPTEMBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

WRIT PETITION NO.14899 OF 2020 (GM-RES)

BETWEEN:

1.

RANDHIR HEBBAR,

S/O ASN HEBBAR,

AGED ABOUT 41 YEARS,

R/O ANANTHA KRUPA, NO. 33,

16TH C MAIN, 4TH BLOCK, KORAMANGALA,

BENGALURU - 560 034.

2.

BHAGYASRI HEBBAR,

W/O RANDHIR HEBBAR,

AGED ABOUT 37 YEARS,

R/O ANANTHA KRUPA, NO.33,

16TH C MAIN, 4TH BLOCK,

KORAMANGALA,

BENGLAURU - 560 034.

...PETITIONERS

(BY SRI. S. S. NAGANANDA,ADVOCATE FOR

SRI. SRIRANGA. S, ADVOCATE)

AND:

1.

CONVERGYTICS SOLUTIONS PRIVATE LIMITED,

A COMPANY INCORPORATED UNDER

THE COMPANIES ACT, 1956,

AND HAVING ITS REGISTERED OFFICE AT:

#5/1, GULMOHUR ENCLAVE ROAD,

KUNDALAHALLI GATE, MARATHAHALLI POST,

BENGALURU - 560 037.

CIN: U72300KA2013PTC069084

2.

SANJEEV MISHRA,

S/O PRAMOD MISHRA,

AGED ABOUT 44 YEARS,

R/O K 805, BRIGADE METROPOLIS,

GARUDACHARPALYA,

2

MAHADEVAPURA,

BENGALURU - 560 048.

3.

SANTOSH VITHAL RAO ATRE,,

S/O V K ATRE,

AGED ABOUT 40 YEARS,

R/O NO.49, 10TH CROSS,

WEST OF CHORD ROAD,

2ND STAGE, BENGALURU - 560 086.

4.

CONVERGYTICS LLC,

A COMPANY INCORPORATED UNDER THE LAWS OF THE

STATE OF WASHINGTON, UNITED STATES OF AMERICA,

HAVING ITS REGISTERED OFFICE

AT 1001, 4TH AVENUE, SUITE 32OO,

SEATTLE, WASHINGTON - 98154,

UNITED STATES OF AMERICA.

5.

CONVERGYTGICS INC.,

130, ADELAIDE STREET,

SUITE 701, TORONTO,

ONTARIO - M5H254,

CANADA.

…RESPONDENTS

(BY SMT. SAHANA BASAVAPATNA,ADVOCATE FOR R1;

SRI. DHYAN CHINNAPPA, SR. COUNSEL A/W

SRI. PRADEEP NAYAK, ADVOCATE FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE

NATIONAL COMPANY LAW TRIBUNAL BANGALORE TO NUMBER

AND CONSIDER THE COMPANY PETITION BEARING DIARY

NO.2903111007122020 AND INTERIM RELIEFS EXPEDITIOUSLY

ANNEXURE-A., AND ETC.

THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

Both the sides having vociferously argued the matter for

sometime, now gracefully agree with the suggestion of this court

that the Board Meeting scheduled for tomorrow shall go on,

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however, subject to the rider that the resolution pertaining to the

intended removal of the petitioners from the Board shall if passed

not take effect till after their pending application is taken up for

consideration & decided by the NCLT, and that a request be made

for the early consideration of the same in time bound way.

Ordered accordingly and this writ petition is disposed off

making an earnest request to the NCLT to take up petitioners'

subject application for consideration for the grant of interim

protection before 16.10.2021, all contentions having been kept

open.

It hardly needs to be reiterated that decision of the Board if

made and to the extent it relates to the intended removal of

petitioners from the Board and for convening the Extraordinary

General Body Meeting, shall not be given effect to during the

pendency of petitioners' subject application.

Costs made easy.

Sd/-

JUDGE

GRD/RH