Karnataka High Court
Mr Dharmappa P H vs M/S Jayhind Techno Machines Pvt Ltd on 18 August, 2025
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NC: 2025:KHC:32427-DB
OSA No. 14 of 2011
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2025
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
ORIGINAL SIDE APPEAL NO.14 OF 2011
IN
COMPANY PETITION NO.109 OF 2008
BETWEEN:
1. MR. DHARMAPPA P. H.
S/O. MR. PADAPPA HANJI
AGED ABOUT 75 YEARS
RESIDING AT 2163, KORE GALLI
SHAHAPUR
BELGAUM-590 006.
2. MRS. SHARAYU M. HANJI
W/O. MR. MAHAVEER P. HANJI
AGED ABOUT 61 YEARS
RESIDING AT 'GAURAV'
MANGALWARPETH, TILAKWADI
Digitally signed by BELGAUM-590 006.
MOUNESHWARAPPA
NAGARATHNA
Location: High Court
of Karnataka
3. MRS. HEMA V. HANJI
W/O. MR. VASUDEV P. HANJI
AGED ABOUT 62 YEARS
RESIDING AT 'PADAM'
NEAR 3RD RAILWAY GATE
KHANAPUR ROAD, TILAKWADI
BELGAUM-590 006.
4. MR. SUKUMAR HANJI
S/O. MR. PADAPPA HANJI
AGED ABOUT 60 YEARS
RESIDING AT NO.2163
KORE GALLI, SHAHAPUR
BELGAUM-590 006.
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NC: 2025:KHC:32427-DB
OSA No. 14 of 2011
HC-KAR
ALL ARE REPRESENTED BY THEIR
GENERAL POWER OF ATTORNEY HOLDER
MR. SACHIN V. HANJI
S/O. MR. PADAPPA HANJI
AGED ABOUT 64 YEARS
RESIDING AT 'PADAM'
NEAR 3RD RAILWAY GATE
KHANAPUR ROAD, TILAKWADI
BELGAUM-590 006.
APPELLANTS
(BY SRI RAGHURAM CADAMBI, ADVOCATE)
AND:
M/S. JAYHIND TECHNO MACHINES PVT. LTD.
COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956 AND
HAVING ITS REGISTERED OFFICE AT
CORPORATE OFFICE OF ASHOK
IRON WORKS PVT. LTD.
MAGAJOAN ROAD, UDYAM BAUGH
BELGAUM
REPRESENTED BY ITS MANAGING DIRECTOR
MR. A.S. HUMBARWADI.
...RESPONDENT
(BY SMT. VIJETHA R. NAIK, ADVOCATE)
***
THIS ORIGINAL SIDE APPEAL IS FILED UNDER SECTION 483
OF THE COMPANIES ACT, 1956, READ WITH RULE 4 OF THE
KARNATAKA HIGH COURTS ACT, PRAYING TO SET ASIDE THE ORDER
DATED 6-4-2011 PASSED BY THE LEARNED SINGLE JUDGE IN
COMPANY PETITION NO.109 OF 2008 AND ALLOW THE PETITION, AS
PRAYED FOR.
THIS ORIGINAL SIDE APPEAL IS COMING ON FOR HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
AND
HON'BLE MR. JUSTICE VENKATESH NAIK T
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NC: 2025:KHC:32427-DB
OSA No. 14 of 2011
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present Original Side Appeal has been filed
impugning the order dated 06.04.2011 passed by the
learned Company Judge in Company Petition No.109 of
2008.
2. The appellants claim to be the shareholders of the
respondent Company, M/s. Jayhind Techno Machines
Private Limited. They filed Company Petition No.109 of
2008 for winding up of the respondent Company.
3. In view of the Insolvency and Bankruptcy Code,
2016, having been implemented and the National
Company Law Tribunals and the National Company Law
Appellate Tribunal regimes in place, the appellants are
given liberty to approach the National Company Law
Tribunal, Bengaluru, if they feel that there is any surviving
cause of action for winding up of the respondent Company,
M/s. Jayhind Techno Machines Private Limited.
NC: 2025:KHC:32427-DB
HC-KAR
4. Any observations made by the Company Judge in
the impugned order shall not come in the way of the
appellants, if they want to file a petition for winding up of
the respondent Company, M/s. Jayhind Techno Machines
Private Limited, before the National Company Law
Tribunal, Bengaluru. With the aforesaid liberty, the
present Original Side Appeal is disposed off.
In view of the disposal of the main appeal, pending
interlocutory applications, if any, stand dismissed.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
KVK
