Sri Prakash Lachman Ahuja vs Official Liquidator Of M/S Mother ...
2023 Latest Caselaw 3815 Kant

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                                                  NC: 2023:KHC:22331
                                                    OSA No.16 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                        DATED THIS THE 28TH DAY OF JUNE, 2023
                                       PRESENT
                        THE HON'BLE MR. JUSTICE ALOK ARADHE
                                          AND
                    THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                          ORIGINAL SIDE APPEAL NO.16 OF 2023
               BETWEEN:

               1.   SRI. PRAKASH LACHMAN AHUJA
                    S/O LACHMAN AHUJA
Digitally           AGED ABOUT 70 YEARS
signed by           1 ST FLOOR, BIJLANI BHAVAN
RUPA V
                    KHARPALI ROAD, MUMBAI.
Location:                                                    ...APPELLANT
High Court
of Karnataka   (BY SRI. NEGLUR ARAVIND, ADV.,)
               AND:

               1.   OFFICIAL LIQUIDATOR OF
                    M/S MOTHER CARE INDIA LTD
                    (IN LIQUIDATION)
                    ATTACHED TO HIGH COURT OF KARNATAKA
                    12TH FLOOR, RAZOR TOWN
                    M.G. ROAD, WEST WING
                    BENGALURU-560034.

               2.   SRI. BHARAT J. DOSHI, MAJOR
                    NO.9, SHREYAS, L.S. ROAD
                    NADHERI (WEST)
                    MUMBAI 400 058.

               3.   PROF .RAMASWAMY P. IYER
                    NO. 30, KOTHARI ROAD
                    NUNGAMBAKKAM
                    CHENNAI 600 034.

                                                      ...RESPONDENTS
               (BY SMT. KRUTIKA RAGHAVAN, ADV., FOR R1/OL)
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                                    NC: 2023:KHC:22331
                                      OSA No.16 of 2023




     THIS OSA IS FILED UNDER SECTION 483 OF COMPANIES
ACT, 1956, PRAYING TO CALL FOR THE RECORDS OF THE
COMPANY PETITION NO.30/1997 ALONG WITH COMPANY
APPLICATION NO.864/2004 AND COMPANY APPLICATION
NO.106/2023 & ETC.

    THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                      JUDGMENT

This appeal under Section 483 of the Companies

Act, 1956 has been filed against an order dated

05.04.2023 passed by the learned Single Judge by

which the application preferred by the appellant seeking

to examine himself, has been rejected.

2. Learned counsel for the appellant submits that

the appellant shall appear before the learned Company

Judge on such date as may be fixed by this Court and is

ready and willing to abide by such terms and conditions

as may be imposed by this Court. He further submits

that that the appellant shall not make any application

seeking recall of any witness.

NC: 2023:KHC:22331 OSA No.16 of 2023

3. The aforesaid submission has been opposed by

the learned counsel for the Official Liquidator on the

ground that the Official Liquidator has been recalled for

further cross-examination once.

4. We have considered the submissions made by

the learned counsel for the parties at length. In the

peculiar facts of the case and in the interest of justice,

with a view to afford an opportunity to the appellant to

fairly contest the case, we direct that in case the

appellant appears before the learned Company Judge on

06.07.2023, on the aforesaid date, the appellant shall

be examined.

It is made clear that in case the appellant fails to

appear before the learned Company Judge on

06.07.2023, no further opportunity shall be extended to

him.

NC: 2023:KHC:22331 OSA No.16 of 2023

Needless to state that on appearance of the

appellant, learned Company Judge shall be at liberty to

cross-examine him.

Accordingly, the appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

RV