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2025 DAILYLAW 68528 (KAR)

SRI K G JAIRAM v. THE OFFICIAL LIQUIDATOR

CA/82/2025 · 2025-07-31

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29540 CA No. 82/2025 IN CA NO.867/2010 IN COP NO. 168/2004 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH COMPANY APPLICATION NO. 82 OF 2025 IN COMPANY APPLICATION NO.867 OF 2010 IN COMPANY PETITION NO.168 OF 2004 BETWEEN: 1. SRI K G JAIRAM AGED ABOUT 61 YEARS, S/O LATE SRI GUNDAPPA, NO.803, EMBASSY ARCADE, SADASHIVANAGAR, BENGALURU-560080. …APPLICANT (BY SRI. VIVEKANAND ANTHONY BRITTO, ADVOCATE) AND: 1. THE OFFICIAL LIQUIDATOR M/S JANAMADHYAMA PRAKASHANA LIMITED, (IN LIQUIDATION) JANAMADHYAM PRAAKSHAM PLOT NO.241, INDUSTRIAL BAKAMPADY, MANGALURU-11. …RESPONDENT (BY SRI. JAGADEESHGOUD PATIL, ADV. FOR OL) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29540 CA No. 82/2025 IN CA NO.867/2010 IN COP NO. 168/2004 THIS APPLICATION IS FILED UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 R/W RULES 6 AND 9 OF THE COMPANIES (COURT) RULES, 1959, PRAYING THIS HON'BLE COURT TO ORDER FOR SUMMONING THE FOLLOWING DOCUMENTS FROM THE REGISTRAR OF COMPANIES IN KARNATAKA: 1. CERTIFIED COPY OF FORM 32 INDICATING THE DATE OF APPOINTMENT OF THE APPLICANT TO THE COMPANY AS A DIRECTOR OF THE COMPANY IN LIQUIDATION ON 30.12.1999; 2. RESIGNATION LETTER AS DIRECTOR FROM THE BOARD OF DIRECTORS OF THE COMPANY IN LIQUIDATION COMPANY ON 18.03.2003; 3. CERTIFIED COPY OF FORM NO.32 SUBMITTED BY THE COMPANY TO THE REGISTRAR OF COMPANIES INDICATING AND EVIDENCING THE INTIMATION OF THE RESIGNATION OF THE APPLICANT, ETC. THIS APPLICATION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard Sri. Vivekanand Anthony Britto, learned counsel for the applicant and learned Official Liquidator representing respondent in CA 82/2025. This application is filed by the respondent No.5 in CA 867/2010, seeking summoning - 3 - HC-KAR NC: 2025:KHC:29540 CA No. 82/2025 IN CA NO.867/2010 IN COP NO. 168/2004 documents from the Registrar of Companies (ROC). In this regard, it is stated in the affidavit that he has addressed a letter(Annexure-D) dated 24.06.2023, to the ROC in Karnataka, requesting for furnishing the certified copy of Form 32 filed on 07.04.2003. It is further submitted by the learned counsel for the applicant, that thereafter, no response from the ROC. 2. In that view of the matter, taking note of the averments made in the affidavit and the submission made by learned OL, the application cannot be accepted at this stage and liable to be dismissed. However, it is open for the applicant to make one more application to the ROC, Karnataka, requesting for certified copy of the same. It is needless to say that the applicant has to follow-up and produce the same. With this observation, the application is disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.:1 Sl No.:1