Karnataka High Court
M/S Nitesh Residency Hotels Pvt Ltd vs M/S Masterkleen on 7 December, 2023
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2023:KHC:44387-DB
OSA No. 4 of 2022
C/W OSA No. 5 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. 4 OF 2022
C/W
ORIGINAL SIDE APPEAL NO. 5 OF 2022
IN OSA NO.4/2022:
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
Digitally MR K B SWAMY.
signed by D K
BHASKAR ...APPELLANT
Location: (BY SRI. NIRUPAN GOWDA - ADVOCATE FOR
High Court of SRI. SIDDHARTH SUMAN - ADVOCATE)
Karnataka
AND:
M/S MASTERKLEEN
NO.32, RANGADASAPPA LAYOUT
BANNERGHATTA ROAD
BENGALURU 560 030.
...RESPONDENT
(BY SRI. A MAHESH CHOWDHARY - ADVOCATE)
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NC: 2023:KHC:44387-DB
OSA No. 4 of 2022
C/W OSA No. 5 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.18/2022 IN CoP No. 136/2016;
B) CONSEQUENTLY ALLOW THE CA NO.18/2022 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.5/2022:
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
(BY SRI. NISCHAL DEV - ADVOCATE)
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NC: 2023:KHC:44387-DB
OSA No. 4 of 2022
C/W OSA No. 5 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.19/2022 IN CoP No. 243/2014;
B) CONSEQUENTLY ALLOW CA NO.19/2022 AND TRANSFER
THE COMPANY PETITION NO.243/2014 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
concedement for the submission made by the learned counsel
for the appellant. In OSA No.5/2022, learned counsel Sri
Nischal Dev is on record.
2. In the given facts and circumstances, it is deemed
appropriate to refer to Section 151 of C.P.C which states that,
NC: 2023:KHC:44387-DB
'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'
3. Learned counsels for both the parties submit that these
two appeals are connected with OSA No.3/2022 and OSA
No.2/2022 as similar issues emerged between the parties.
4. Learned counsel for the appellant has filed a memo
seeking withdrawal of the appeals. Therefore, memo is placed
on record. Consequently, appellant is permitted to withdraw
both the appeals as sought for. Accordingly, ordered.
5. If any IAs pending in both these appeals stands
disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
RJ
