IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER , 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA COMPANY APPLICATION No.103/2016 IN COPMANY PETITION No.211/2013 BETWEEN:
MR. ANIL MEHTA S/O MR. KULDIP LAL MEHTA, AGED ABOUT 51 YEARS, R/AT NO.601, 602, AYESHA MANOR, PLOT 45, ALMEIDA PARK, BANDRA WEST, MUMBAI-400 050 (BY SRI ZULFIKIR KUMAR SHAFI, ADV.) AND:
1. M/S. PLANET SCUBA INDIA PVT. LTD., REGISTERED OFFICE SITUATED AT NO.407, ATHENS III, PRESTIGE ACROPOLIES, HOSUR ROAD, KORMANAGALA, BENGALURU-560 029 REP. BY ITS MANAGING DIRECTOR 2. MR. MADHAVA REDDY DIRECTOR OF PLANET SCUBA INDIA PVT LTD., G-5, RAHEJA PLAZA, NO.17, COMMISSARIAT ROAD, ASHOK NAGAR, BENGALURU-560 025 ... APPLICANT 3. MRS. KAVITHA REDDY DIRECTOR PLANET SCUBA INDIA PVT LTD., G-5, RAHEJA PLAZA, NO.17, COMMISSARIAT ROAD, ASHOK NAGAR, BENGALURU-560 025 ... RESPONDENTS THIS APPLICATION IS FILED UNDER SECTION 151 OF CPC OF THE COMPANIES ACT, 1956, WITH A PRAYER TO RECALL THE ORDER DATED 11.09.2014 AND RESTORE THE PETITION THEREBY DIRECTING THE RESPONDENTS TO PAY THE ORIGINAL BALANCE DUE AMOUNT AND FURTHER DIRECT THE RESPONDENTS TO PAY INTEREST AT THE RATE OF 24% PER ANNUM AND ALSO TO PAY LEGAL AND OTHER COSTS AND ETC.
THIS APPLICATION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The orders dated 11.09.2014 and 25.11.2016 passed by this Court would explain the position that though the respondent have entered into certain settlement with the petitioner, the same has not been honoured and it is in that light, the petitioner has filed the instant application seeking recall of the order dated 11.09.2014.
2. Learned counsel appearing for the respondent has no instructions in the matter, which has also been recorded on 25.11.2016. In the circumstances, where the petition had been disposed of at an earlier point, if any further consideration of the petition is required, the respondent would have to be notified. Subject to such consideration, the prayer made in C.A.No.103/2016 is allowed. The order dated 11.09.2014 is recalled.
Registry is directed to restore the petition to its original number.
Sd/- JUDGE akc/bms