IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA R.P.No.380/2018 IN C.A.No.720/2016 IN COP No.112/1994 BETWEEN:
M.N.P.M. HOUSING COLONY RETIRED EMPLOYEES’ WELFARE ASSOCIATION [REGD.] A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 HAVING ITS REGD. OFFICE AT No.123-2 C/o. Mr. S.P.SUNAGAR M.N.P.M. HOUSING COLONY HULIKERE GRAMA BELAGULA HOBLI SRIRANGAPATNA TALUK-571606 MANDYA DISTRICT REP. BY ITS GENERAL SECRETARY Mr. NARASIMHEGOWDA. ... PETITIONER [BY SRI PRAKASH.K.A., ADV.] AND:
1. THE OFFICIAL LIQUIDATOR OF THE MANDYA NATIONAL PAPER MILLS LTD., [IN LIQDN.] ATTACHED TO THE HIGH COURT OF KARNATAKA 12TH FLOOR, RAHEJA TOWERS M.G.ROAD, BENGALURU-560001.
2. SMT.V.SUDHAMANI W/O Mr. K.V.MANJUNATH D/O Mr. VEERABHADRA SETTY AGED ABOUT 35 YEARS R/AT HOUSE No.8/A SRI VENKATESHWARA NILAYA MUNI THIMMAIAH LAYOUT MARUTHI NAGARA, YELAHANKA BENGALURU-560064.
3. THE TAHSILDAR SRIRANGAPATNA TALUK MANDYA DISTRICT-571438.
4. THE PANCHAYAT DEVELOPMENT OFFICER HULIKERE GRAMA PANCHAYAT HULIKERE, SRIRANGAPATNA TALUK MANDYA DISTRICT-571606. …RESPONDENTS [BY SRI SHRISHAIL NAVALGUND, ADV. FOR R-1; SRI SHIVA PRABHU.S. HIREMATH, AGA. FOR R-3; SRI THOMAS V. PETER, ADV. FOR R-2;
R- 4 - SERVED) THIS REVIEW PETITION FILED UNDER SECTION 114 READ WITH ORDER 47 RULE 1 OF CPC, PRAYING TO REVIEW THE ORDER DATED 27.09.2018 PASSED IN C.A.NO.720/2016 IN COP.NO.112/1994, ON THE FILE OF THE HON’BLE HIGH COURT OF KARNATAKA, BENGALURU.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This Review Petition is filed by the petitioner/applicant seeking review of the order dated 27.09.2018 passed in C.A.No.720/2016 in COP No.112/1994 whereby the application filed by the petitioner/applicant – Society has been dismissed with costs quantified at Rs.20,000/- to be paid by the applicant – society to respondent No.2 within a period of two months from the date of passing of the order, failing which the same shall be recovered by the Registrar of Societies and paid to the said respondent No.2.
2. Learned counsel Sri.Prakash.K.A, appearing for the petitioner would submit that the Company Court failed to consider the prayers made by the applicant in the application as well as the fraud played by the respondent No.2 in getting the registration of the sale deed dated 28.11.2007 executed by the official liquidator representing the company – Mandya National Paper Mills Ltd., [in Liquidation], a subsidiary of Hindustan Paper Corporation Ltd., a Government of India Enterprise. The Company Court has failed to address all the grounds raised in the application and hence, seeks for review of the order dated 27.09.2018.
3. It is ex-facie apparent that the Company Court has extensively analyzed the material on record in disposing of the Company Application No.720/2016 and after giving adequate reasons, the application has been dismissed with costs. It is trite law that the review jurisdiction is not to re-hear the matter. In other words, it is not an appeal in disguise. The arguments which were considered, analyzed and decided cannot be re- examined merely on the ground that all the prayers made in the company application has not been addressed point-wise. No fishing/rowing enquiry is permissible while exercising the review jurisdiction.
4. There is no error apparent on the face of the record in the order dated 27.09.2018 warranting any review as sought for.
Accordingly, review petition stands dismissed.
In view of dismissal of the review petition, I.A-1/2018 stands disposed of.
Sd/- JUDGE NC