Official Liquidator Of M/S Kirloskar ... vs Sri Vasudev
2024 Latest Caselaw 949 Kant

Karnataka High Court

Official Liquidator Of M/S Kirloskar ... vs Sri Vasudev on 10 January, 2024

                                               -1-
                                                             NC: 2024:KHC:1168
                                                          CA No. 129 of 2020
                                                      A/W CA NO.150 of 2020
                                                        IN COP NO.2 of 2000



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 10TH DAY OF JANUARY, 2024

                                            BEFORE
                        THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                            COMPANY APPLICATION NO. 129 OF 2020
                                              A/W
                            COMPANY APPLICATION NO.150 OF 2020
                                               IN
                               COMPANY PETITION NO. 2 OF 2000
                   IN CA NO.129/2020 & CA NO.150/2020:

                   BETWEEN:
                   OFFICIAL LIQUIDATOR OF
                   M/S KIRLOSKAR INVESTMENTS
                   AND FINANCE LTD., (IN LIQUIDATION)
                   ATTACHED TO HIGH COURT OF KARNATAKA,
                   CORPORATE BHAVAN, NO 26-27, 12TH FLOOR,
                   RAHEJA TOWERS, M.G.ROAD, BANGALORE -560 001.
                                                              ... APPLICANT
                                            (COMMON IN BOTH APPLICATIONS)
Digitally signed   (BY SRI SHINDHE UDAYA SHANKAR A N, ADVOCATE
by BELUR
RANGADHAMA         - (ABSENT))
NANDINI            AND:
Location: HIGH
COURT OF           1.    SRI VASUDEV,
KARNATAKA
                         S/O RAMRAO DESHPANDE,
                         R/O RAM NIVAS, H.NO. 195,
                         2ND MAIN, 1ST CROSS, NARAYANPURA,
                         DHARWAD - 580 008.
                   2.    THE DISTRICT CONSUMER DISPUTES
                         REDRESSAL FORUM,
                         CIVIL COURT COMPOUND, P.B.ROAD,
                         DHARWAD.
                                                           ... RESPONDENTS
                                             (COMMON IN BOTH APPLICATIONS)
                                -2-
                                              NC: 2024:KHC:1168
                                           CA No. 129 of 2020
                                       A/W CA NO.150 of 2020
                                         IN COP NO.2 of 2000



     THIS COMPANY APPLICATION NO.129 OF 2020 IS FILED
UNDER SECTION 151 OF CPC PRAYING TO DIRECT M/S
KIRLOSKAR   INVESTMENTS     AND   FINANCE   LTD.,  (IN
LIQUIDATION), OFFICIAL LIQUIDATOR TO DEPOSIT THE CLAIM
AMOUNT AS PER THE JUDGMENT OF COMPLAINT NO.321/2023
IN EXECUTION PETITION NO.30/2016 BEFORE DISTRICT
CONSUMER FORUM, DHARWAD.
     THIS COMPANY APPLICATION NO.150 OF 2020 IS FILED
UNDER ORDER 8 RULE 1 R/W SECTION 151 OF CPC PRAYING
TO PERMIT HIM TO PRODUCE THE 8 (EIGHT) LISTED AND
ENCLOSED DOCUMENTS WITH THIS APPLICATION IN SUPPORT
OF HIS CASE IN THE ENDS OF JUSTICE AND EQUITY.

    THESE COMPANY APPLICATIONS COMING ON                    FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
                            ORDER

1. Learned counsel appearing for the Official Liquidator

has brought to the notice of this Court that on 14.07.2022, this

Court has passed an order to comply with the office objections

by 18.08.2022, stating that in case the office objections are not

complied, the petition would be dismissed for non-prosecution.

The note shown in the cause-list reveals that the office

objections in C.A. No.129/2020 and C.A.No.150/2020 are not

complied.

2. Though more than 1½ year have elapsed since

14.07.2022, office objections are not complied and there is no

representation on behalf of the applicant.

NC: 2024:KHC:1168

A/W CA NO.150 of 2020 IN COP NO.2 of 2000

3. Accordingly, the Company Application No.129/2020

and Company Application No.150/2020 are dismissed for

non-prosecution.

Sd/-

JUDGE

GVP