IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN BETWEEN:
Company Application No.537/2015 In Company Petition No.107/2011 M/S. SBI GLOBAL FACTORS LIMITED (FORMERLY KNOWN AS GLOBAL TRADE FINANCE LIMITED) METROPOLITAN BUILDING 6TH FLOOR, BANDRA – KURLA COMPLEX BANDRA (E) MUMBAI – 400 051 REPRESENTED BY ITS VICE PRESIDENT MRS. REKHA VADARARAJ (BY SRI.C.K.NANDA KUMAR, ADV.) AND:
M/S. APARA ENTERPRISE SOLUTIONS (P) LTD (IN LIQUIDATION) HAVING ITS REGISTERED OFFICE AT SUITE NO.801, 7TH FLOOR OXFORD TOWERS, NO.139 AIRPORT ROAD, KODIHALLI BANGALORE – 560 008 …APPLICANT REPRESENTED BY ITS MANAGING DIRECTOR ... RESPONDENT (BY SRI. K.S. MAHADEVAN, ADV.) THIS COMPANY APPLICATION IS FILED UNDER RULES 6 & 9 OF THE COMPANIES (COURT) RULES, 1959, PRAYING TO TAKE THE ADVERTISEMENT ON RECORD AND PERMIT THE PETITIONER TO FILE A CERTIFIED COPY OF THE WINDING UP ORDER OF THE RESPONDENT COMPANY WITH REGISTRAR OF COMPANIES WITHIN A PERIOD OF TWO WEEKS, BY CONDONING THE DELAY AND GRANT SUCH OTHER AND FURTHER RELIEFS AS ARE JUST.
THIS COMPANY APPLICATION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Mr. C. K. Nanda Kumar, the learned counsel for creditors, submits that he has complied with the office objections by giving a copy of C.A.No.537/2015 to the learned counsel for the Official Liquidator.
C.A.No.537/2015 has been filed by the applicant for seeking permission of this Court to re-issue the advertisement in accordance with corrected order dated 19.11.2013 passed by this Court, whereby, this Court directed winding up of M/s.Apara Enterprise Solutions (P) Ltd., and for seeking extension of time for submitting a copy of the order dated 19.11.2013 before the Registrar of Companies.
2. The Learned counsel for the applicant submits that by order dated 08.11.2013, this Court had directed winding up of the Company in liquidation. However, subsequently, this Court had corrected the said order by order dated 19.11.2013. Inadvertently, the applicant had published the advertisement in the light of the order dated 08.11.2013. However, as the said order has been corrected subsequently, by order dated 19.11.2013, a fresh advertisement needs to be published in the light of the corrected order.
3. Moreover, learned counsel submits that a certified copy of the order dated 19.11.2013 still needs to be submitted before the Registrar of Companies. Hence, the prayers before this Court.
4. Since, inadvertently a mistake has been committed by the applicant, the applicant is directed to publish a fresh advertisement in terms of the corrected order dated 19.11.2013 within a period of four weeks from today. A period of four weeks is also granted to the applicant for submitting a certified copy of the order dated 19.11.2013 before the Registrar of Companies.
Therefore, C.A.No.537/2015 stands allowed.
Sd/-
Judge Prs*