IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA COMPANY PETITION No.12/2016 BETWEEN:
1. Mr. RABINDRA KUMAR SHARMA S/O Mr. SHANKAR DAYAL SHARMA AGED ABOUT 29 YEARS 2. Mrs. SHILPA KUMARI W/O RABINDRA KUMAR SHARMA AGED ABOUT 28 YEARS BOTH ARE R/AT NO.304, 3RD FLOOR, GOWRI APARTMENT, 8TH CROSS, MUNINANJAPPA LAYOUT, RAMAMURTHY NAGAR, BENGALURU - 560 016 ... PETITIONERS (BY SMT.SHOBHA BHAVIKATTI, ADV.) AND:
SKYLINE CONSTRUCTIONS & HOUSING PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 REGISTERED OFFICE AT No.11, HAYES ROAD, RICHMOND CIRCLE BENGALURU – 560025 BY ITS MANAGING DIRECTOR Mr. AVINASH PRABHU …RESPONDENT (BY SRI YESHU MISHRA, ADV.) THIS COMPANY PETITION FILED UNDER SECTION 433(e) & (f) OF THE COMPANIES ACT, 1956, PRAYING TO PASS AN ORDER OF WINDING UP OF THE RESPONDENT COMPANY "SKYLINE CONSTRUCTIONS & HOUSING PRIVATE LIMITED" UNDER SECTION 433(e) & (f) OF THE COMPANIES ACT, 1956 AND ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the parties.
Learned counsel for the respondent has filed a memo submitting that as per the Court order dated 25.10.2018, the respondent herein is enclosing a Demand Draft bearing No.051093, dated 20.02.2019 for a sum of Rs.2,86,282/- (Rupees Two Lakhs Eighty Six Thousand Two Hundred and Eighty Two only) towards the balance amount to be paid in full and final settlement.
2. Memo is placed on record.
3. Learned counsel for the petitioners submits that in terms of the order dated 18.01.2019, the respondent was granted four weeks time to enable him to deposit the remaining amount of Rs.2,86,282/- (Rupees Two Lakhs Eighty Six Thousand Two Hundred and Eighty Two only) towards the full and final settlement considering the amount of Rs.5,00,000/- (Rupees Five Lakhs only) already deposited before this Court. Hence, learned counsel has no objections to close the present proceedings.
4. It is discernable that the parties have agreed for Rs.7,86,282/- (Rupees Seven Lakhs Eighty Six Thousand Two Hundred and Eighty Two only) in full and final settlement to be paid by the respondent to the petitioners. As aforesaid, the entire amount of Rs.7,86,282/- is deposited by the respondent.
Hence, the Company Petition stands closed with liberty to the petitioners to withdraw the entire amount of Rs.7,86,282/- (Rupees Seven Lakhs Eighty Six Thousand Two Hundred and Eighty Two only) deposited by the respondent before this Court.
Sd/- JUDGE PMR.