Karnataka High Court
M/S Nitesh Residency Hotels Pvt.Ltd vs The Archdiocese Of Bangalore on 7 December, 2023
Author: K.Somashekar
Bench: K.Somashekar
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OSA No. 3 of 2022
C/W OSA No. 2 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
ORIGINAL SIDE APPEAL NO. 3 OF 2022
C/W
ORIGINAL SIDE APPEAL NO. 2 OF 2022
IN OSA NO.3/2022:
BETWEEN:
M/S NITESH RESIDENCY HOTELS PVT.LTD.
HAVING ITS REGD. OFFICE AT
NO.25-A, 2ND FLOOR
IMPERIAL COURT
CUNNINGHAM ROAD
BENGALURU 560 052
REP. BY ITS AUTHORIZED SIGNATORY
MR K B SWAMY.
...APPELLANT
Digitally (BY SRI. NIRUPAN GOWDA - ADVOCATE FOR
signed by D K SRI. SIDDHARTH SUMAN - ADVOCATE)
BHASKAR
Location: High AND:
Court of
Karnataka
M/S MASTERKLEEN
NO.32, RANGADASAPPA LAYOUT
BANNERGHATTA ROAD
BENGALURU 560 030.
...RESPONDENT
(BY SRI. A MAHESH CHOWDHARY - ADVOCATE AND
SMT. MANEESHA KONGOVI - ADVOCATE FOR C/RESPONDENT)
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OSA No. 3 of 2022
C/W OSA No. 2 of 2022
THIS OSA FILED UNDER SECTION 483 OF THE
COMPANIES ACT, 1956, R/W SECTION 4 OF THE KARNATAKA
HIGH COURT ACT, 1961 R/W APPLICATION UNDER RULE 6 AND
RULE 9 OF THE COMPANIES (COURT) RULES, 1959 R/W
SECTION 151 OF THE CODE OF CIVIL PROCEDURE R/W
SECTION 434(1) OF THE COMPANIES ACT, 2013 R/W RULE 11
OF THE NATIONAL COMPANY LAW TRIBUNAL RULES, 2016
PRAYING TO A) SET ASIDE THE COMMON ORDER DATED
03.02.2022 PASSED IN CA NO.300/2020 IN CoP No. 136/2016;
B) ALLOW CA NO.300/2020 AND TRANSFER THE COMPANY
PETITION NO.136/2016 ON THE FILE OF THE HIGH COURT OF
KARNATAKA TO THE NATIONAL COMPANY LAW TRIBUNAL,
BENGALURU TO BE ADJUDICATED UNDER THE PROVISIONS OF
THE INSOLVENCY AND BANKRUPTCY CODE, 2016.
IN OSA NO.2/2022:
BETWEEN:
M/S NITESH RESIDENCY HOTELS PVT.LTD.
HAVING ITS REGD. OFFICE AT
NO.25-A, 2ND FLOOR
IMPERIAL COURT
CUNNINGHAM ROAD
BENGALURU 560 052
REP. BY ITS AUTHORIZED SIGNATORY
MR K B SWAMY.
...APPELLANT
(BY SRI. NIRUPAN GOWDA - ADVOCATE FOR
SRI. SIDDHARTH SUMAN - ADVOCATE)
AND:
THE ARCHDIOCESE OF BANGALORE
ARCHBISHOP'S HOUSE, NO.75
MILLERS ROAD, BENSON TOWN
BANGALORE - 560 046
MOST REV BERNAD MORAS.
...RESPONDENT
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OSA No. 3 of 2022
C/W OSA No. 2 of 2022
THIS OSA FILED UNDER SECTION 483 OF THE
COMPANIES ACT, 1956, R/W SECTION 4 OF THE KARNATAKA
HIGH COURT ACT, 1961 R/W APPLICATION UNDER RULE 6 AND
RULE 9 OF THE COMPANIES (COURT) RULES, 1959 R/W
SECTION 151 OF THE CODE OF CIVIL PROCEDURE R/W
SECTION 434(1) OF THE COMPANIES ACT, 2013 R/W RULE 11
OF THE NATIONAL COMPANY LAW TRIBUNAL RULES, 2016
PRAYING TO A) SET ASIDE THE COMMON ORDER DATED
28.09.2021 PASSED IN CA NO.167/2021 IN CoP No. 243/2014;
B) ALLOW CA NO.67/2021 AND TRANSFER THE COMPANY
PETITION NO.167/2021 ON THE FILE OF THE HIGH COURT OF
KARNATAKA TO THE NATIONAL COMPANY LAW TRIBUNAL,
BENGALURU TO BE ADJUDICATED UNDER THE PROVISIONS OF
THE INSOLVENCY AND BANKRUPTCY CODE, 2016.
THESE OSAs', COMING ON FOR ORDERS, THIS DAY,
K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel Sri Nirupam Gowda in both these
appeals is present before the Court physically and represents
counsel Sri Siddharth Suman for appellant who is on record and
submits that matter is under process of settlement of issues
emerged between the parties. Learned counsel Sri A Mahesh
Chowdhary for respondent is present and submits his
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concedement for the submission made by the learned counsel
for the appellant.
2. In this matter office has raised objections regarding
non-compliance of office objections and non-filing of settlement
report as per order dated 02.06.2023 and 29.09.2023.
3. In OSA No.2/2022, office has raised objection
regarding non-compliance of office objections, non-filing of
settlement report as per order dated 02.06.2023 and
29.09.2023 and non-furnishing of PF etc to issue notice to
respondent as per order dated 29.09.2023.
4. Appeals are of the year 2022. Section 151 of C.P.C
provides that, 'Nothing in this Code shall be deemed to limit or
otherwise affect the inherent powers of the Court to make such
orders as may be necessary for the ends of justice or to
prevent the abuse of process of the Court'.
5. Learned counsel for the appellant has filed a memo
seeking withdrawal of the appeals. Therefore, memo is placed
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on record. Consequently, appellant is permitted to withdraw
both the appeals as sought for. Accordingly, ordered.
Sd/-
JUDGE
Sd/-
JUDGE
RJ
