CHATURBHUJ L v. OFFICIAL LIQUIDATOR VAJRA CEMENTS AND MINERALS PRIVATE LIMITED (IN LIQN)
CA/201/2024 · 2025-01-23
Lalitha Kanneganti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26201 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26201 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2948 CA No. 201 of 2024 CA No. 202 of 2024 In CA No.789 of 2004 In COP No.178 of 2000
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI COMPANY APPLICATION NO. 201 OF 2024 A/W COMPANY APPLICATION NO. 202 OF 2024 IN COMPANY APPLICATION NO. 789 OF 2004 IN COMPANY PETITION NO. 178 OF 2000 BETWEEN:
1.
CHATURBHUJ L S/O LUNI DARAM, AGED ABOUT 79 YEARS, R/AT A-005, GOPALAN APARTMENTS, TELECOM LAYOUT, BENGALURU - 560 023, PH. 8867000990.
2.
BANSI C., AGED ABOUT 42 YEARS, R/AT A-005, GOPALAN APARTMENTS, TELECOM LAYOUT, BENGALURU - 560 023, PH. 8867000990 …APPLICANTS (COMMON) (BY SRI. ROHITH R KAMATH, ADVOCATE)
AND:
1.
OFFICIAL LIQUIDATOR,
Digitally signed by MEGHA MOHAN Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:2948 CA No. 201 of 2024 CA No. 202 of 2024 In CA No.789 of 2004 In COP No.178 of 2000
VAJRA CEMENTS AND MINERALS PRIVATE LIMITED (IN LIQN) ATTACHED TO HIGH COURT OF KARNATAKA, CORPORATE BHAVAN, NO.26-27, 12TH FLOOR, RAHEJA TOWERS, M.G. ROAD, BENGALURU - 560 001.
2.
REGISTRAR OF COMPANIES, KENDRIYA SADAN, 'E' WING, 2ND FLOOR, KENDRIYA SADANA, KORAMANGALA, BENGALURU - 560 034. …RESPONDENTS (COMMON) (BY SRI. JAGADEESH GOUD PATIL, ADVOCATE FOR OL)
THIS COMPANY APPLICATION NO.201/2024 IS FILED UNDER SECTION 443 READ WITH SECTION 518 OF THE COMPANIES ACT, 1956 PRAYING TO STAY THE PROCEEDINGS UNTIL SUCH TIME THAT THE RESPONDENT-APPLICANT AVAILS THE CUSTODY OF THE RELEVANT DOCUMENTS OF VAJRA CEMENTS AND MINERALS PRIVATE LIMITED FOR FILING OF THE STATEMENT OF AFFAIRS OF THE COMPANY, AND PASS SUCH RELIEF AS THE COURT DEEM THE ENDS OF JUSTICE AND EQUITY.
AND THIS COMPANY APPLICATION NO.202/2024 IS FILED UNDER SECTION 443 READ WITH SECTION 518 OF THE COMPANIES ACT, 1956 PRAYING TO STAY THE PROCEEDINGS UNTIL SUCH TIME THAT THE RESPONDENT-APPLICANT TO CARRY AN INSPECTION FOR THE DOCUMENTS, THROUGH THEIR COUNSEL, EITHER BY THEMSELVES OR IN THE PRESENCE OF AN AMICUS CURIAE, AND PASS SUCH RELIEF AS THE COURT DEEM THE ENDS OF JUSTICE AND EQUITY.
THESE COMPANY APPLICATIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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NC: 2025:KHC:2948 CA No. 201 of 2024 CA No. 202 of 2024 In CA No.789 of 2004 In COP No.178 of 2000
ORAL COMMON ORDER
Company Application Nos.201/2024 & 202/2024 are filed under Section 443 read with Section 518 of the Companies Act,
1956. It is the case of the applicants that the winding up proceedings were initiated about 24 years ago and they are not in possession of any of the documents. They wanted to file statement of affairs as per Section 454 of the Companies Act. As the applicants are neither in custody of the documents nor they have obtained any soft copies of such records. For that purpose, they want to carryout an inspection of records at the Offices of the Official Liquidator, as well as Registrar of Companies.
2. The matter was called in the morning, as there was no representation on behalf of the respondents, the matter was passed over. Even in the afternoon session, also there is no representation on behalf of the respondents.
3.
Learned counsel appearing for Official Liquidator submits that they have come before the Court after 24 years, after the winding up proceedings were initiated which is nothing
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NC: 2025:KHC:2948 CA No. 201 of 2024 CA No. 202 of 2024 In CA No.789 of 2004 In COP No.178 of 2000
but to delay the proceedings. It is submitted that if the applicants come up with the list of documents which they require for filing the statement of the affairs, they will furnish the said documents, if they are in custody of the Official Liquidator.
4. Though the applications are filed with a an inordinate delay and having filed the applications, the applicants are not even represented before this Court. Finally for giving an opportunity, considering the reasons that are stated, this Court deems it appropriate to direct the applicants to furnish the list of documents to the Official Liquidator and as per the date furnished by the Official Liquidator, if the documents are in the custody of the Official Liquidator, the applicants can inspect the same.
5. The applicants are granted a week’s time for Furnishing the details of the documents. Thereafter, the Official Liquidator shall give a date for inspection within a period of one week from thereon.
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NC: 2025:KHC:2948 CA No. 201 of 2024 CA No. 202 of 2024 In CA No.789 of 2004 In COP No.178 of 2000
6. By any chance, if within one week the details are not furnished by the applicant. It is needless to say that, no further time will be granted to the applicants.
7. Accordingly, Company Application Nos.201/2024 & 202/2024 are disposed of.
SD/- (LALITHA KANNEGANTI) JUDGE
KA CT:SNN