IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI COMPANY APPLICATION No.1637/2014 IN COMPANY PETITION No.94/2012 BETWEEN:
Vijayakumar G., S/o Late Sri T.R. Gopalakrishnan, Aged about 50 years, R/at Flat No.205, Sahana Nilaya, C.R. Layout, S.T. Bed, Bangalore – 560 047. … Applicant (By Sri Mohumed Sadiqu, Advocate for M/s. K.V. Legal) AND:
Avesthagen Limited, Having its registered office at “Discoverer” 9th Floor, Unit 3, ITPL, Whitefield Road, Bangalore – 560 066.
Represented by its Managing Director, Dr. Villoo Morawala Patell. … Respondent (By Sri E. Kiran Kumar & Sri Nagabhushan, Sri V. Subash Reddy, Sri Harikrishna S. Holla, Advocates) This Company Application is filed under Order 39 Rule 1 and 2 C.P.C. read with Section 536 of Companies Act, 1956 r/w Rules 6 & 9 of the Companies Court Rules, praying to grant an ad-interim order of temporary injunction restraining the Respondent from alienating encumbering or creating 3rd party interest on the below mentioned Schedule Properties pending disposal of the winding up petition in the interest of justice and equity.
This Company Application coming on for Orders this day, the Court made the following:
ORDER In view of disposal of COP No.94/2012, this company application filed under Order 39 Rule 1 and 2 of C.P.C. read with Section 536 of Companies Act, 1956 read with Rule 6 and of the Companies Rules, for temporary injunction does not survive for consideration.
2. Accordingly, C.A.No.1637/2014 is disposed of.
Sd/- JUDGE VGR