Karnataka High Court
Sri M Ravishankar vs M/S Swamy Construction Co on 2 December, 2021
Bench: P.S.Dinesh Kumar, P.Krishna Bhat
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2021
PRESENT
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
O.S.A. NO.26 OF 2017
BETWEEN :
1. SRI. M. RAVISHANKAR
S/O MUNIYAPPA
NO.74, 15TH CROSS
G-MAIN, MULLA MASJID ROAD
DEVASANDRA, K.R.PURAM
BANGALORE
2. SRI. K. LAKSHMINARAYANA
S/O LATE RAMAKRISHNA
NO.353, SRI VIJAYA, 1ST FLOOR
10TH MAIN, 2ND CROSS
SAMPIGE LAYOUT
BANGALORE-560 079
3. SRI. H.M. THIMMEGOWDA
S/O H.M. MUTHURAYAPPA
HUSKUR VILLAGE
ARALUMALLIGE POST
DODDABALLAPURA TALUK
BANGALORE RURAL DISTRICT
4. SRI. RATHAN KUMAR
S/O LATE K. SOMAVAPPA
NO.563, 16TH 'A' MAIN
3RD BLOCK, KORAMANGALA
BANGALORE-560 034
5. SRI. RANGAPPA
S/O RAMASWAMY
HOUSE NO.1087, 9TH WARD
2
BEHIND KSRTC BUS DEPOT
S.L.CHOWK, HOSPET-583 201
KARNATAKA
6. SRI. RAJANNA
S/O CHANNADASAPPA
BLOCK NO.3/13
KIADB QUARTERS
BASHETTYHALLI
DODDABALLAPUR
7. SRI. B.S. BASAVARAJ
S/O SIDDAPPA
BASAVANAKOTE POST
JAGALUR TALUK
DAVANAGERE DIST
PIN-577 513
8. SRI. RAGHAVENDRA
NO.429/3, SRIKANTESHWARA NILAYA
ANEKAL ROAD, ATTIBELE
BANGALORE-562 107
9. SRI. J.V. ANANDRAME GOWDA
S/O A. VENKATASWAMY GOWDA
NO.1044, OPP. RAIL WHEEL FACTORY
NEAR INDUSTRIAL AREA
YELAHANAK NEW TOWN
10. SRI. ASHWATHAPPA
S/O R.K. SRINIVASAIAH
NO.1290, 4TH WARD
COURT ROAD
DODDABALLAPURA
11. SRI. VENKATESH
S/O ANJANAPPA
AVALAHALLI
DEVANAHALLI TALUK
BANGALORE-562 110
12. SRI. M.N. KAPATKAR
S/O NARAYAN
OSANALGI POST
MUDDEBEHAL TALUK
3
13. SRI. CHIDANANDA MASALI
C/O RANGAPPA
HOUSE NO.1087, 9TH WARD
BEHIND KSRTC BUS DEPOT
HOSPET-583 201
14. SRI. D.N. BACHEGOWDA
DEVANAHALLI POST
DEVANAHALLI LAYOUT
BANGALORE-562 100
15. SRI. C. KRISHNAMURTHY
H/O SMT. JAYASHREE C.N
UDC JAWAHAR NOVODAYA VIDYALAYA
SHIVARAGUDDA
MANDYA DIST-571 419 ...APPELLANTS
(BY SHRI. K.B. NARAYA SWAMY, ADVOCATE)
AND :
1. M/S. SWAMY CONSTRUCTION CO.
HAVING ITS OFFICE AT NO.2
I FLOOR, 100 FT ROAD
5TH BLOCK, KORAMANGALA
BENGALURU-560 034
REP. BY PROPRIETOR
B. KRISHNASWAMY
2. M/S. SHRISHMA FINE CHEMICALS AND
PHARMACEUTICALS (KARNATAKA) LTD.,
HAVING ADMINISTRATIVE OFFICE
AT I FLOOR, SHIVAPRASAD COMPLEX
NO.1/1, MUSEUM ROAD
BANGALORE-560 001 AND
HAVING ITS REGD. OFFICE AT
PLOT NO.30, INDUSTRIAL AREA
DODDABALLAPUR
BANGALORE RURAL DISTRICT-561 203
REP. BY ITS CHAIRMAN
& MANAGING DIRECTOR
3. KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
NO.14/3, 2ND FLOOR
RASHTROTHANAPARISHAD BLDG
4
NRUPATHUNGA ROAD
BANGALORE-560 001
4. J. SHIVAPRASAD
S/O SRI. K.M. JAYARAMAIAH
AGED ABOUT 47 YEARS
NO.73, RAILWAY PARALLEL ROAD
KUMARAPARK WEST
BENGALURU-560 020
5. INDUSTRIAL DEVELOPMENT
BANK OF INDIA
NO.58, IDBI HOUSE
MISSION ROAD
BENGALURU-560 027
6. S.D.V, IRON WORKS
REP. BY ITS PROPRIETOR
MR. KONGATISATHYANARAYANA
HAVING OFFICE AT NO.1
GANGAMMA TEMPLE STREET
DRIVERPET, KRISHNALANKA
VIJAYAWADA-520 103 (A.P) ...RESPONDENTS
THIS APPEAL IS FILED UNDER SECTION 483 OF THE
COMPANIES ACT, 1956 R/W RULES 6 & 9 OF THE COMPANIES
(COURT) RULES PRAYING TO SET ASIDE THE ORDER DATED
23.06.2015 MADE IN COMPANY PETITION NO.55/1997, COMPANY
APPLICATION NO.497/2013 AND COMPANY APPLICATION NO.
2380/2013 IN COMPANY PETITION NO. 55/1997 CONNECTED WITH
C.O.P. NO. 34/2014 AND PASS APPROPRIATE ORDERS TO MEET THE
ENDS OF JUSTICE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
P.S. DINESH KUMAR J, DELIVERED THE FOLLOWING:-
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JUDGMENT
On 24.09.2018, peremptorily four weeks time was
granted to comply with office objections. On 12.03.2020
and 01.10.2021, again time was sought to comply with
office objections. Till today, office objections have not
been complied with.
2. Shri K.B.Narayana Swamy, learned advocate
submits that he has no instructions from the appellants.
In the circumstance, this appeal stands dismissed for
non-compliance of office objections.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
AV
