Sri D Venkateshguptha vs The Registrar Of Companies (Roc)
2022 Latest Caselaw 1362 Kant

                         1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 31ST DAY OF JANUARY, 2022

                      BEFORE

        THE HON'BLE MR. JUSTICE M.I.ARUN

             MFA. NO.5043/2019 (IPR)

BETWEEN:

SRI. D. VENKATESHGUPTHA,
S/O. REDDAPPASETTY,
AGED ABOUT 71 YEARS,
R/O NO.461, GROUND FLOOR,
21ST CROSS, NEW DIAGONAL ROAD,
3RD BLOCK, JAYANAGAR,
BENGALURU - 560 011.
                                        ... APPELLANT

(BY SRI. SANJAY KRISHNA V., ADVOCATE)

AND:

1.     THE REGISTRAR OF COMPANIES (ROC),
       'E' WING, 2ND FLOOR,
       KENDRIYA SADAN,
       KORAMANGALA,
       BENGALURU - 560 034.

2.     THE DEPUTY GENERAL MANAGER,
       IDBI BANK LTD.,
       INDIAN RED CROSS SOCIETY BLDG.,
       1, RED CROSS ROAD, P.B. NO.231,
       NEW DELHI - 110 001.

3.     M/S. INDUS STEEL & ALLOYS LTD.,
       A COMPANY INCORPORATED UNDER
       THE COMPANIES ACT, 1956,
       HAVING REGISTERED OFFICE AT:
       #163/B, 2ND FLOOR, KANAKAPURA ROAD,
                        2


     BENGALURU - 560 004.
     REPRESENTED BY ITS DIRECTOR
     SRI. S.S. SRIKANTH,
     S/O. SRI. S. R. SATHANANTHA.

4.   M/S INDUS TMT INDUSTRIES LIMITED
     (EARLIER KNOWN AS
     APPLE ROLLING MILLS PVT. LTD.),
     A COMPANY INCORPORATED UNDER
     THE COMPANIES ACT, 1956,
     HAVING ITS REGISTERED OFFICE AT:
     NO.164/1, 1ST FLOOR,
     SAKAMMA GARDEN,
     KANAKAPURA ROAD,
     BENGALURU - 560 004.
     REPRESENTED BY ITS
     MANAGING DIRECTOR
     SRI. S.S. SRIKANTH,
     S/O. MR. S.R. SATHANANTHAM.

5.   SRI. S.R. SATHANANTHAM,
     S/O. LATE S. RAJAGOPALSETTY,
     AGED ABOUT 77 YEARS,
     DIRECTOR,
     M/S. INDUS STEEL AND ALLOYS LTD.,
     OLD NO.12, NEW NO.23,
     GOVINDAPPANAICKEN STREET,
     CHENNAI - 600 001.

6.   SRI. S.S. SRIKANTH,
     S/O. S. R. SATHANANTHAM,
     AGED ABOUT 42 YEARS,
     DIRECTOR,
     M/S. INDUS STEEL AND ALLOYS LTD.,
     OLD NO.12, NEW NO.23,
     GOVINDAPPANAICKEN STREET,
     CHENNAI - 600 001.

7.   SRI. B. VISHWESHWARAADIGA,
     S/O. SIDDALINGAPPA,
     AGED ABOUT 60 YEARS,
     R/O NO.112, RLF RESIDENCY,
                           3


     KOTHANURDINNE,
     BENGALURU - 560 076.
                                   ... RESPONDENTS
(BY SRI.C.M. POONACHA & KIRAN V. RON, ADVOCATE
    FOR C/R3 TO R7 IN CP 667/19 & 670/19 CP PUT-UP
    IN MFA 5044/2019;
    SRI. K.S. DEVARAJ, ADVOCATE FOR R4;
    SRI. ANUSH NANDISH, ADVOCATE FOR R5 & R6;
    SRI. RAJADITHYA S.R.S. ASSOCIATES FOR R7)

      THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC
AGAINST THE ORDER DATED 04.06.2019 PASSED ON
I.A. NOS. 1 & 3 IN OS NO.6669/2017 ON THE FILE OF
THE LXXXII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU, DISMISSING THE I.A. NO.1 FILED
UNDER ORDER 39 RULES 1 & 2 OF CPC, ALLOWING I.A.
NO.3 FILED UNDER ORDER 39 RULE 4 OF CPC.

    THIS MFA COMING ON FOR ADMISSION,
THROUGH VIDEO CONFERENCING THIS DAY THE
COURT DELIVERED THE FOLLOWING:

                    JUDGMENT

Learned counsel for the appellant has filed a

memo dated 29.01.2022 seeking leave of this Court

to withdraw the appeal.

Memo is placed on record.

Accordingly, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE AG