IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA COMPANY APPLICATION No.218/2019 IN COMPANY PETITION No.120/2015 BETWEEN:
OFFICIAL LIQUIDATOR OF M/S. APPOLLO DISTILLERIES AND BREWERIES PRIVATE LIMITED (IN LIQN.) ATTACHED TO HIGH COURT OF KARNATAKA “CORPORATE BHAVAN”, No26-27, 12TH FLOOR RAHEJA TOWERS, M.G. ROAD, BENGALURU – 560 001. … APPLICANT (BY SRI. JAGADEESH GOUD PATIL, ADV.) AND:
1. MR. M.P. PURUSHOTHAMAN S/O KUMARAN EX-DIRECTOR OF M/S. APPOLLO DISTILLERIES AND BREWERIES PRIVATE LIMITED (IN LIQN.) 346-A, PANTHEON ROAD, EGMORE CHENNAI, TAMIL NADU-600008.
2. MS. NISHA PURUSHOTHAMAN D/O M.P. PURUSHOTHAMAN EX-DIRECTOR OF M/S. APPOLLO DISTILLERIES AND BREWERIES PRIVATE LIMITED (IN LIQN.) 346-A, PANTHEON ROAD, EGMORE CHENNAI, TAMIL NADU-600008.
3. MS. SHEENA PURUSHOTHAMAN D/O M.P. PURUSHOTHAMAN EX-DIRECTOR OF M/S. APPOLLO DISTILLERIES AND BREWERIES PRIVATE LIMITED (IN LIQN.) 346-A, PANTHEON ROAD, EGMORE CHENNAI, TAMIL NADU-600008.
4. MR. SHEEJU PURUSHOTHAMAN S/O M.P. PURUSHOTHAMAN EX-DIRECTOR OF M/S. APPOLLO DISTILLERIES AND BREWERIES PRIVATE LIMITED (IN LIQN.) 346-A, PANTHEON ROAD, EGMORE, CHENNAI, TAMIL NADU-600008. …RESPONDENTS THIS COMPANY APPLICATION IS FILED UNDER SECTION 454 (5) AND (5A) OF THE COMPANIES ACT, 1956 R/W RULES 132 OF THE COMPANIES [COURT] RULES, 1959, PRAYING TO TAKE COGNIZANCE OF THE OFFENCE COMMITTED BY THE ACCUSED HEREIN BY NOT COMPLYING WITH THE REQUIREMENT OF PROVISION OF SECTION 454 OF THE COMPANIES ACT, 1956 AND TO TRY THEM FOR THE SAID OFFENCE IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN THE CODE OF CRIMINAL PROCEDURE AND PUNISH THEM ACCORDINGLY AND ETC., THIS COMPANY APPLICATION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This application is filed by the Official Liquidator under Section 454(5) and (5A) of the Companies Act, 1956 r/w Rule 132 of the Companies (Court) Rules, 1959 seeking permission to take cognizance of the offence committed by the accused in not complying with the requirement of provision of Section 454 of the Companies Act, 1956.
2. Learned counsel for the Official Liquidator submits that in view of the order passed in O.S.A.No.7/2019 setting aside the winding up order dated 07.06.2019 passed in Company Petition No.120/2015 in terms of the settlement arrived at between the parties, the present Company Application does not survive for consideration. Copy of the said order is placed on record.
In view of the aforesaid, the Company Application stands disposed of as having rendered infructuous.
Sd/- JUDGE PMR