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2025 DAILYLAW 75429 (KAR)

S JAYAVIKRAM v. SORAKE CHANDRA SHEKAR

COMPA/9/2016 · 2025-08-07

D K Singh, Venkatesh Naik T

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30696-DB COMPA No. 9 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T COMPANY APPEAL NO. 9 OF 2016 BETWEEN: 1. S JAYAVIKRAM S/O LATE SORAKE CHANDRA SHEKAR 15-13-716, SCS, SHIVBAGH OPP.CANARA BANK KADRI, MANGALORE-575002 …APPELLANT (BY SMT. SAKSHI SATISH, ADVOCATE FOR SRI. K.V.DHANANJAY., ADVOCATE) AND: 1. SORAKE CHANDRA SHEKAR HOSPITALS PRIVATE LIMITED TS NO.374, UPPER BENDOOR MANGALORE-575002 2. DR JEEVARAJ SORAKE S/O LATE SORAKE CHANDRA SHEKAR SRI RAMA DHAMA, KADRIKAMBALA KADRI, MANGALORE-575002 3. DR AMARNATH SORAKE S/O LATE SORAKE CHANDRA SHEKAR 15-13-697/6, PRATIKSHA KADRI, SHIVABAGH ROAD KANKANADY, MANGALORE-575002 4. YAMINI DEVADAS SORAKE Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30696-DB COMPA No. 9 of 2016 S/O LATE SORAKE CHANDRA SHEKAR 1176, NAGAVAR, HBR LAYOUT BANGALORE-560 043 5. KASTHURI J S AMIN S/O LATE SORAKE CHANDRA SHEKAR 364, 12TH CROSS, 5TH MAIN HIG, RMV 2ND STAGE BANGALORE-94 6. GOPALAKRISHNA HEGDE MANGALORE S/O MANGALORE PUNDALIKA HEGDE #3W-32-2839/1, PINTOS LANE MANGALORE-575 003 7. M/S P DEV KUMAR AND CO. CHARTERED ACCOUNTANTS D NO.16-6-388/44 MILLENNIUM TOWERS 2ND FLOOR OPP.HIGHLAND HOSPITAL FALNIR ROAD, MANGALORE-575002 8. DR SUCHITHRA K RAO S/O LATE SORAKE CHANDRA SHEKAR FLAT NO.703, ACROPOLIS APARTMENTS LIGHT HOUSE HILL ROAD, MANGALORE-575001 9. LEILAMANI S D/O LATE SORAKE CHANDRA SHEKAR VENKAPPA GARDENS KADRI, MANGALORE-575002 10. KSHEMAVATHI D/O LATE SORAKE CHANDRA SHEKAR OPP.SUNDARI APARTMENTS SHIVBAGH, KADRI, MANGALORE-575002 …RESPONDENTS (BY SRI. CHETHAN CHANDRASHEKAR, ADVOCATE FOR SRI. A.MURALI, ADVOCATE FOR R-1 & R-2(V/C); R-7, R-8 AND R-10 ARE SERVED AND UNREPRESENTED; - 3 - HC-KAR NC: 2025:KHC:30696-DB COMPA No. 9 of 2016 VIDE COURT ORDER DATED:30.10.2024, NOTICE TO R-3 IS DISPENSED WITH) THIS COMPA IS FILED U/S 10F OF THE COMPANIES ACT, 1956, R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE, PRAYING THIS HON'BLE COURT TO-SET ASIDE THE IMPUGNED ORDER DATED 24/05/2016 PASSED IN THE CA NO.1/2016 IN COMPANY PETITION NO.71/2015 BY THE HON'BLE COMPANY LAW BOARD, CHENNAI BENCH [VIDE ANNEXURE AP-1], ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Learned counsel for the appellant has filed a memo for withdrawal of the appeal stating therein they have filed the company petition which is pending before the NCLT, Bengaluru, therefore, the appellant would like to withdraw this company appeal and make his submission in the pending company petition to the NCLT. Considering the aforesaid stand of the appellant, we dismiss this company appeal as withdrawn. - 4 - HC-KAR NC: 2025:KHC:30696-DB COMPA No. 9 of 2016 Accordingly, the appeal is dismissed as withdrawn to pursue his company petition before the NCLT, Bengaluru. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE DHA List No.: 1 Sl No.: 1