IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA COMPANY APPLICATION No.259/2018 IN COMPANY PETITION No.210/2013 BETWEEN:
ROBUST HOTELS PRIVATE LIMITED, (A PRIVATE COMPANY LIMITED BY SHARES, INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956) HAVING ITS OFFICES AT 365, ANNA SALAI, TEYNAMPET CHENNAI-600018, TAMIL NADU REP. BY ITS AUTHORISED SIGNATORY Mr. THANIKACHALAM … APPLICANT (BY SMT.NITYA KALIGOTLA , ADV.) AND:
KAVVERI TELECOM INFRASTRUCTURE LIMITED, (A PUBLIC COMPANY LIMITED BY SHARES, INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956) HAVING ITS REGISTERED OFFICE AT 1ST FLOOR, PLOT NO.31-36 1ST MAIN, 2ND STAGE, ARAKERE MICO LAYOUT BANNERGHATTA ROAD BANGALORE-560076 KARNATAKA, REP. HEREIN BY ITS MANAGING DIRECTOR …RESPONDENT (BY SMT.VAISHALI HEGDE, ADV.) THIS COMPANY APPLICATION IS FILED UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 R/W RULES 6 AND 9 OF THE COMPANIES ACT [COURT] RULES, 1959, PRAYING TO RECALL OF THE ORDER DATED 11.11.2016 PASSED IN COP No.210/2013, THUS SEEKING REVIVAL OF THE PETITION.
THIS COMPANY APPLICATION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner - creditor has filed an application seeking to recall the order dated 11.11.2016, whereby on a joint statement made before the Court that the parties have settled the dispute out of the Court in the mediation process and as per settlement deed, the company petition has been disposed of, as not pressed providing liberty to the petitioner - creditor that in case there is any violation of settlement deed by any of the parties, the parties may file necessary application. Accordingly, CA. No.259/2018 has been filed before this Court on 09.08.2018.
2. To test the bonafides of the respondent – company and its Directors, the respondent - company was directed to deposit and pay through Demand Draft for a sum of Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand only) to the petitioner on or before 15.11.2018 and it is submitted that the said deposit of Rs.7,50,000/- has been made. Now the petitioner - creditor has filed a memo submitting that the respondent – company is due to an amount of Rs.4,68,739/- (Rupees Four Lakhs Sixty Eight Thousand Seven Thirty Nine only) as on 29.11.2018.
3. Learned counsel for the respondent – company does not dispute the same, however, seeks time to make the said payment.
4. Considering the totality of circumstances of the case, the order dated 11.11.2016 is recalled. This Court deems it appropriate to provide two months time to the respondent - company to make the payment of the amount of Rs.4,68,739/- (Rupees Four Lakhs Sixty Eight Thousand Seven Thirty Nine only) with further interest payable in two installments, failing which the petitioner - creditor is at liberty to move before the Court for necessary orders.
With the aforesaid observations, the application stands disposed of.
Sd/- JUDGE PMR