IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA COMPANY APPLICATION NO.495/2017 IN COMPANY PETITION NO.131/1988 BETWEEN 1. SRI M B RAMASWAMY S/O BEEKET MUNISWAMY AGED ABOUT 62 YEARS EX CARPENTER R/A NO.57, 3RD CROSS 14TH MAIN, SUNKAL FARM LAYOUT ADUGODI POST BANGALORE-560030 2. SRI B V ASHOK KUMAR S/O VENKATAPPA AGED ABOUT 51 YEARS EX. HELPER R/A NO.1535, BELATHUR KADUGODI POST BANGALORE-560067 3. SRI K M GOVINDAPPA S/O LATE MUNISHAMAPPA AGED ABOUT 52 YEARS EX.SEAT FRAME WORKER R/A TEACHERS COLONY ROAD 2ND CROSS, NEAR OMSRI PUBLIC SCHOOL M V EXTN., HOSAKOTE BANGALORE-562114 4. SRI YATHIRAJU S/O VENKATACHALAYYA AGED ABOUT 51 YEARS, EX HELPER R/A PILLAGUMPE INDUSTRIAL AREA HOSKOTE TALUK BANGALORE RURAL DISTRICT-562114 5. SRI NAGARAJ M S/O MUNIYAPPA AGED ABOUT 49 YEARS EX.TINKER R/A C/A UTTANALLAPPA SOLUR VILLAGE HOSKOTE TALUK BANGALORE RURAL DISTRICT-562114 6. SRI MOHAN RAJ J S/O JAYARAMAN AGED ABOUT 59 YEARS R/A NO.135, J K PURA NEAR ADUGODI POST BANGALORE-560030 7. SRI A KRISHNAMURTHY S/O LATE ABBAL NAIDU AGED ABOUT 57 YEARS, EX.FITTER R/A MASJID DOWN LANE 7TH CROSS, VIJAYANAGAR WHITEFIELD POST BANGALORE-560066 8. SRI A K CHELLAPANDIAN S/O KRISHNAN AGED ABOUT 69 YEARS, EX.TINKER R/A NO.2-373 NO.2-198, VANJINADHAN ROAD PERUNGUDI POST MADHURAI TAMILNADU-625022 9. SRI MANI M S/O MARIMUTHU AGED ABOUT 65 YEARS, EX.GAS WELDER R/A NO.108, 2ND CROSS MUTHAPPA BLOCK R T NAGAR BANGALORE-560032 10. SRI S MICHAEL RAJ S/O A SILUVAI MICHAEL AGED ABOUT 51 YEARS R/A NO.116, K K LAYOUT BEHIND MADHURA GARMENTS HOSA ROAD, BANGALORE-560100 11. SRI P P MANI S/O PERUMAL AGED ABOUT 53 YEARS EX.TINKER R/A NO.2141 BALAGARANAHALLI ANEKAL TALUK BANGALORE DISTRICT 12. SRI N BHUVANENDRAN S/O NEELAKANTAPILLAI AGED ABOUT 63 YEARS R/A NO.44, THENAKARAI PADMANABAPURAM KALKULAM TALUK KANYAKUMARI DISTRICT TAMILNADU 13. SMT S BARATHI BAI W/O LATE SUBBY RAO T D/O THALASIRAMA RAO AGED ABOUT 50 YEARS EX HELPER R/A ARALEPETE HOSAKOTE TOWN BANGALORE RURAL DISTRICT-562114 14. SRI SURESH M H S/O MAHADEVAPPA AGED ABOUT YEARS R/A NO.34, AGRAHARA HONNALI DAVANAGERE-577002 15. SRI BALAJI SINGH S/O CHOTU SINGH AGED ABOUT 53 YEARS EX.HELPER R/A NO.17/13 RAJAPUTTARAPETE HOSAKOTE TOWN BANGALORE RURAL DISTRICT-562114 16. SRI D M RAMAMURTHY S/O LATE MUNIYAPPA AGED ABOUT 56 YEARS EX.HELPER R/A DODDA ARALAGERE BENDIGANAHALLI POST HOSKOTE TALUK BANGALORE RURAL DISTRICT-562114 17. SRI GOVINDA RAJU S G S/O GURUMURTHAPPA AGED ABOUT 51 YEARS, EX.HELPER R/A SONNAHALLIPURA HASIGALA POST HOSKOTE TALUK BANGALORE RURAL DISTRICT-562114 18. SRI ERAPPA S/O RAMAYYA AGED ABOUT 52 YEARS EX.HELPER R/A NO.44A, NETHRAVATHI STREET TIN FACTORY, UDAYANAGAR BANGALORE NORTH KARNATAKA 19. SRI VENUGOPAL S/O MARASAIAH AGED ABOUT 59 YEARS, EX.WELDER NO.18, 24, KUVEMPU STREET UDAYANAGAR BANGALORE-560016 20. SRI NARAYANASWAMY SO CHIKKAVENKATASWAMY AGED ABOUT 50 YEARS, EX.TINKER R/A VALLEGERANAHALLI VILLAGE AND POST SRINIVASAPURA TALUK KOLAR DISTRICT-563135 21. SRI HANUMANTHA REDDY S/O VENKATARAMA REDDY AGED ABOUT 55 YEARS, EX.HELPER R/A BUDDIMITTA VIA, RAMASAGARA POST KYASAMBAHALLI HOBLI BANGARPET TALUK KOLAR DISTRICT-563116 22. SRI P V NAGARAJ S/O P V VENKATASWAMAPPAY AGED ABOUT 61 YEARS, EX.HELPER R/A POOJENAAGRAHARA DODDAGATTIGANABBE POST HOSKOTE TALUK BANGALORE RURAL DISTRICT-562114 23. SRI K M CHANDRAPPA S/O B MUNIYAPPA AGED ABOUT 54 YEARS, EX.TINKER R/A NO.101, KORALURU HOSKOTE TALUK BANGALORE RURAL DISTRICT-562114 24. SRI A V KUPPUSAMY S/O VARADAN AGED ABOUT 57 YEARS, EX.TINKER R/A NO.20, 2ND CROSS IST MAIN ROAD K H RANGANATHA COLONY JR NAGAR BANGALORE-560018 25. SMT RENUKA W/O THYAGARAJ N AGED ABOUT 55 YEARS, EX.TINKER R/A NO.24, 1ST BLOCK 15TH CROSS, NEAR AISHWARYA KALYANA MANTAPA AKSHAYANAGARA, BANGALORE NORTH DOORAVANINAGARA BANGALORE-560016 26. SMT YASHODA W/O LATE RAJAPPA S D/O SIDDAIAH AGED ABOUT 52 YEARS, EX.TINKER R/A MEDAHALLI VIRGONAGAR POST BANGALORE-560049 27. SRI VENKATASWAMAPPA LATE PRAKASH P V S/O VENKATASWAMAPPA AGED ABOUT 60 YEARS, EX.HELPER R/A POOJENAAGRAHARA HOSKOTE TALUK BANGALORE RURAL DISTRICT-562114 28. SRI V RAMAKRISHNAPPA S/O VENKATAPPA AGED ABOUT 53 YEARS, EX.HELPER R/A HETHAKKI NANDAGUDI HOBLI HOSKOTE TALUK BANGALORE RURAL DISTRICT-562114 29. SRI BASHEER AHMED S/O SHEIK HUSSAIN SAB AGED ABOUT 57 YEARS, EX.HELPER R/AQ OPP.MAKKA MASJID ROAD HAJI A R EXTN. HOSKOTE TOWN BANGALORE RURAL DISTRICT-562114 30. SMT S K KOMALA W/O MALIGACHARI AGED ABOUT 49 YEARS, EX.HELPER R/A HASIGALA HOSKOTE TALUK BANGALORE RURAL DISTRICT-562114 31. SRI LOGANATHAN B S/O BHUPAL AGED ABOUT 54YEARS, EX.WELDER R/A NO.197, UMMAR SAB ROAD MINHAJ NAGAR, KADRENAHALLI NEAR ROYA MENS WEAR BANGALORE-560070 32. SRI ANANTH REDDY S/O DODDA TIPPA REDDY AGED ABOUT 49 YEARS, EX.HELPER R/A KOGILAHALLI T GOLLAHALLI PST BANGARPET TALUK KOLAR DISTRICT-563116 33. SMT SELVI(SETU) W/O LATE DORAISWAMY LRS OF LATE DORAISWAMY AGED ABOUT 60 YEARS, EX.FITTER R/A NO.332, 18TH CROSS GANGAMMADEVI TEMPLE BOMMANAHALLI BANGALORE-560068 34. SRI T KRISHNAPPA S/O LATE TIMMAIAH AGED ABOUT 52 YEARS, EX.HELPER R/A TENEYUR SULIBALE HOBLI HOSKOTE TALUK BANGALORE-562129 35. SRI AYYAPPA GOWDA S/O DEVANNA AGED ABOUT 52 YEARS, EX.HELPER R/A GOPASANDRA IBASAPURA POST DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562129 36. SMT VASANTHA W/O LATE MANIKYAM LRS OF LATE MANIKYAM AGED ABOUT 51 YEARS, EX.TINKER R/A NO.648, MANJULA SRINIVASA BUILDING 2ND FLOOR, CANARA BANK BEGUR, BANGALORE-560068 37. SRI KAMALA KANNAN B S/O BANGARU AGED ABOUT 56 YEARS, EX.FITTER R/A NO.16, FIRE SERVICE MAN QUARTERS RANIPETTAI VELLORE TAMILNADU-632401 38. SRI RAJENDRAN B S/O BANGARU AGED ABOUT 46 YEARS, EX.WELDER R/A NO.205, PARVATHIYAMMAN KOVIL STREET ARCOT TALUK PALAYANUR VELLORE TAMILNADU-632512 39. SRI FAIROZ KHAN S/O AMEER JAN AGED ABOUT 45 YEARS, EX.STRUCTURE R/A NO.485, BEHIND AYISHA MASJID ROAD, MANGAMMANAPALYA BANGALORE-560068 40. SRI BASHA S/O NAWAZ BAIG AGED ABOUT 61 YEARS, EX.TINKER R/A NO.9/73 28-1, 9TH CROSS BISMILLANAGAR B G NAGAR BANGALORE-560029 41. SMT SHOBHA L R W/O LATE SATHYANARAYANASINGH R LRS OF LATE SATHYANARAYAN SING R AGED ABOUT 48 YEARS, EX.HELPER R/A NO.65/4, RANGANATHAPURA BANGALORE-560079 42. SRI K M NIRMALA W/O LATE NARAYANACHARI LRS OF LATE NARAYANACHARI AGED ABOUT 46 YEARS, EX.TAILOR R/A NO.142-3 KRISHNANAGAR PRIYADARSHINI, MANJUNATHA LAYOUT CHIKKADEVASANDRA K R PURAM BANGALORE-560036 43. SRI SHANKAR SINGH S/O TULASIRAM SINGH AGED ABOUT 53 YEARS, EX.HELPER R/A ARALEPETE NEAR SJRS SCHOOL HOSKOTE TOWN BANGALORE RURAL DISRICT-562114 44. SRI ADHI S/O ANNAKUTTI AGED ABOUT 63 YEARS, EX WELDER R/A NO.13, L CROSS NEW GURAPPANAPALYA THAVAREKERE D R C POST BENGALURU-560029 45. SRI M JOHN BOSCO S/O MALAYAPPAN AGED ABOUT 53 YEARS, EX.SKILLED R/A HALE SAMAPAGE HALLI MANTAPANCHAYATI JIGANI HOBLI ANEKAL TALUK BENGALURU-560083 46. SRI M KRISHNAPPA S/O MOTAPPA AGED ABOUT 53 YEARS, EX.HELPER R/A UPPARAHALLI KUMBLAHALLI POST HOSKOTE-562114 BENGALURU RURAL DISTRICT 47. SRI K S GOPAL S/O CHIKKANNA AGED ABOUT 52 YEARS, EX.HELPER R/A KUMBLAHALLI POST HOSKOTE TALUK BENGALURU RURAL DISTRICT-562114 48. SRI KHALEEL AHMED S/O ABDUL KAREEM AGED ABOUT 65 YEARS, EX.SEMI SKILLED R/A GAL PET, KOLAR TOWN KOLAR DISTRICT-563101 49. SRI VENKATAPPA P C S/O CHIKKANAGAPPA AGED ABOUT 53 YEARS, EX.HELPER R/A POOJENAAGRAHARA D G NABBE POST HOSKOTE TALUK BENGALURU RURAL DISTRICT-562114 50. SRI MUNIPOOJAPPA S/O RAJAPPA AGED ABOUT 55 YEARS, EX.SEMI SKILLED R/A SANTHEKALLAHALLI CHIKKABALLAPURA-563128 CHIKKABALLAPURA DISTRICT 51. SRI KADIRAVAN R V S/O R C VENKATESH AGED ABOUT 56 YEARS, EX.SEMI SKILLED R/A KADIRAVAN, BALAJI NILAYAM GANGAMMAGUDI TEMPLE ROAD 2ND CROSS, M V EXT., HOSKOTE TOWN BENGALURU RURAL DISTRICT-562114 52. SRI GURUSWAMY S/O GOPALAPPA AGED ABOUT 48 YEARS, EX.HELPER R/A KANNURALLI DODDAGATTI ROAD HOSKOTE-562114 BENGALURU RURAL DISTRICT 53. SRI T KRISHNA S/O THIMMAIAH AGED ABOUT 65 YEARS, EX.HELPER R/A BENDAGAHALLI POST SULIBELE POST HOSAKOTE-562129 54. SRI M G JAYARAM S/O M P GANGADHARAIAH AGED ABOUT 55 YEARS, EX.SEMI SKILLED R/A MARANAHALLI MYSORE-571187 55. SIR K P NARAYANAPPA S/O PAPAYYA AGED ABOUT 52 YEARS, EX.HELPER R/A ROAD PAPAYA NANDAGUDI HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT-562114 56. SRI JAMES PAUL S/O A PERUMAL AGED ABOUT 57 YEARS, EX.SKILLED R/A C/O MANJUNATH(POLICE) BALAGARANAAHLLI(IGC) NERALOR(PS) ATTIBELE(HOBLI) ANEKAL(TALUK) BANGALORE RURAL DISTRICT-562107 57. SRI K LAKSHMAN S/O KUPPAN AGED ABOUT 62 YEARS, EX.SEMI SKILLED R/A NO.57, HARIJANA COLONY AMBEDKARNAGARA AMMAPALAYAM TIRUVANAMALAI DISTRICT TAMILNADU STATE-632315 58. SRI NAGARAJU H R S/O RAMAIAH AGED ABOUT 55 YEARS, EX.HELPER R/A YALLAMMA TEMPLE ROAD HOSKOTE TOWN-562114 BENGALURU RURAL DISTRICT 59. SRI ASHAF AHMED S/O GOUSE KHAN AGED ABOUT 58 YEARS, EX.SEMI SKILLED R/A GANGAMMA GUDI ROAD 2ND CROSS, V V EXT., HOSAKOTE-562114 BENGALURU RURAL DISTRICT 60. SRI E NARAYANAPPA S/O ERESHAPPA AGED ABOUT 68 YEARS, EX.FITTER R/A NO.90, KARAPANAHALLI K SATHYAVARA POST HOSKOTE TALUK BENGALURU RURAL DISTRICT-562114 61. H SRINIVAS RAO S/O KRISHNAJI RAO AGED ABOUT 52 YEARS, EX.HELPER R/A KRISHNA REDDY BUILDING COLLEGE ROAD, V V EXTN., HOSKOTE-562114 BENGALURU RURAL DISTRICT 62. SRI VEERENDRA PRASAD S/O NARAYANAPPA AGED ABOUT 55 YEARS, EX.SEMI SKILLED R/A NARAYANAPPA MEDHALLI DEVANAGAUNDI BENGALURU RURAL DISTRICT-562114 63. SIR ASHWATHNARAYANAPPA S/O CHOKKAPPA AGED ABOUT 65 YEARS, EX.HELPER R/A K SATHYAVARA HOSKTOE TOWN BENGALURU RURAL DISTRICT-562114 64. SRI B K REDDY S/O B KRISHNAPPA AGED ABOUT 52 YEARS, EX.SKILLED R/A B K REDDY VIJAYANAGAR WHITE FIELD POST BENGALURU-560066 65. SRI CHALPATHI S/O LAKSHMAIAH AGED ABOUT 66 YEARS, EX.HELPER R/A AVALAHALLI VIJAYANAGAR BENGALURU-560049 66. SMT GOWRA BAI W/O LATE RAM SINGH LRS OF LATE RAM SINGH AGED ABOUT 50 YEARS, EX.HELPER R/A NAGARESHWARA TEMPLE HOSKOTE TOWN-562114 BENGALURU RURAL DISTRICT 67. SRI BATHYAHAPPA S/O MUNIYAPPA AGED ABOUT 60 YEARS, EX.HELPER R/A KEMBAIGANAHALI HOSKOTE TALUK BENGALURU RURAL DISTRICT-562122 68. SRI P MARAPPA S/O PILLAPPA AGED ABOUT 56 YEARS, EX.HELPER R/A DODDAGATAGANABBE HOSKOTE-562114 BENGALURU RURAL DISTRICT 69. SRI MUNINANJAPPA S/O SHAMANNA AGED ABOUT 50 YEARS, EX.HELPER R/A UPPARAHALLI HOSKOTE TOWN BENGALURU RURAL DISTRICT-562114 70. SRI V NARAYANA SWAMY S/O VENKATAPPA AGED ABOUT 49 YEARS, EX.HELPER R/A NEAR BUS STAND SHIVANAPURA HOSKOTE TALUK BENGALURU RURAL DISTRICT-562122 ... APPLICANTS (By Sri : NARAYANA BHAT M, ADVOCATE FOR M/S.SUBBA RAO & CO.) AND 1. INTERNATIONAL COACH BUILDERS LTD., (IN LIQUIDATION) REP. BY OFFICIAL LIQUIDATOR NO.26-27, 12TH FLOOR RAHEJA TOWERS M G ROAD BENGALURU-560001 2. KARNATAKA STATE FINANCIAL CORPORATION REP BY ITS MANAGING DIRECTOR KSFC BHAVAN, 1/1, THIMMAIAH ROAD NEAR CONTONMENT RAILWAY STATION BENGALURU-560052 ... RESPONDENTS (By Smt : ANUPAMA HEBBAR, ADVOCATE FOR OL/R1) THIS APPLICATION FILED UNDER RULE 177 READ WITH RULES 6 AND 9 OF THE COMPANIES (COURT) RULES, 1959, PRAYING THIS HON'BLE COURT TO GRANT LEAVE BY PERMITTING THE APPLICANTS TO MAKE THEIR CLAIMS BEFORE THE 1ST RESPONDENT IN RESPECT OF THE WORKMEN'S WAGES DUE TO THEM AS REQUIRED TO BE FILED UNDER RULE 152 OF THE RULES.
THIS APPLICATION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This company application is filed by the applicants to condone the delay in making the application and also to grant leave to the applicants and other workmen to make their claims in the prescribed form as required to be filed under Rule 177 of Companies (Court) Rules, 1959.
2. M/s. International Coach Builders Ltd., (in liquidation) was ordered to be wound up by order dated 30.11.1990 in Company Petition No.131/1988 by this Court and the Official Liquidator attached to this Court has become the liquidator of the company by virtue of Section 449 of the Companies Act, 1956. The Official Liquidator has filed the reply statement to the application submitting that the Official Liquidator has no objections to permit applicants No.19, 34 and 48 namely – Sri Venugopal, Sri T.Krishnappa and Mr.Khaleel Ahmed respectively to submit their claim with the Official Liquidator. Since, all the other applicants have already submitted their claims with the Official Liquidator, the matter has been already adjudicated by the Official Liquidator.
3. Considering the aforesaid, this Court permits applicants No.19, 34 and 48 namely – Sri Venugopal, Sri T.Krishnappa and Mr.Khaleel Ahmed respectively to submit their claims with the Official Liquidator and the Official Liquidator is directed to adjudicate upon the claims of the said applicants in accordance with law, in an expedite manner.
With the aforesaid observation, the application stands disposed of.
Sd/- JUDGE Dkb.