IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA COMPANY APPLICATION No.219/2019 IN COMPANY PETITION No.120/2015 BETWEEN:
OFFICIAL LIQUIDATOR OF M/s APPOLLO DISTILLERIES AND BREWERIES PRIVATE LIMTIED (IN LIQN.) ATTACHED TO HIGH COURT KARNATAKA "CORPORATE BHAVAN", NO.26-27 12TH FLOOR, RAHEJA TOWERS, M.G.ROAD, BENGALURU-560001 … 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 M/s APPOLLO DISTILLERIES AND BREWERIES PRIVATE LIMITED (IN LIQN) 346-A, PANTHEON ROAD, EGMORE CHENNAI, TAMIL NADU-600008 3 . Mr. 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 5 . Mr. SHAJI 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 468 OF THE COMPANIES, 1956, PRAYING TO DIRECT THE RESPONDENTS TO HAND OVER FORTHWITH ALL THE ASSETS/PROPERTY, BOOKS AND RECORDS ETC., OF THE COMPANY WITH INVENTORY AND ETC.
THIS COMPANY APPLICATION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This company application is filed by the Official Liquidator to direct the respondents to handover forthwith all the assets/property, books and records etc., of the Company with inventory pursuant to the winding up order passed by this Court on 07.06.2019 in COP No.120/2015.
2. Learned counsel for the Official Liquidator would submit that pursuant to the order passed in OSA No.7/2019 (D.D. 30.08.2019) on the basis of the joint memo filed by the parties whereby the order passed in COP No.120/2015 dated 07.06.2019 has been set aside, the present Company Application does not survive for consideration. The copy of the order passed in OSA No.7/2019 dated 30.08.2019 is placed before the Court.
In view of the aforesaid, the Company Application stands dismissed as having rendered infructuous.
Sd/- JUDGE PMR.