IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.57948 OF 2013 & 58214 OF 2013 (GM-RES) BETWEEN:
SRI D VENKATESH S/O DODDA MUNIYAPPA, AGED ABOUT 52 YEARS, R/AT V.NAGENAHALLI, R.T.NAGAR, BANGALORE, REPRESENTED BY HIS GPA HOLDER SRI RAMACHANDRA RAO S/O NARAYANA RAO, AGED ABOUT 54 YEARS, R/AT BANGARU RESIDENCY, NO.15, HUDCO COLONY, MANIPAL, UDUPI (TQ) & DIST.576 104. (By MR. SACHIN B S, ADV.) AND:
1. THE REGISTRAR OF FIRMS GANDHINAGAR, BANGALORE-560 001.
2. M/S. CHITRAKALA INVESTMENT TRADE AND BUSINESS FINANCE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, REGD: OFFICE AT SYNDICATE HOUSE, UDUPI TALUK AND DISTRICT-576 104, REPRESENTED BY ITS DIRECTOR, SRI SHASHINDHRA BHAT, S/O RAMAKRISHNA BHAT.
… PETITIONER 3. M/S. CCI LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ADMINISTRATIVE OFFICE AT TILE FACTORY ROAD, MANIPAL, UDUPI TQ & DISTRICT-576 104.
REPRESENTED BY ITS DIRECTOR, SRI.PRAKASH K SHETTY S/O K NARAYANA SHETTY.
4. M/S. GENERAL INVESTMENT AND COMMERCIAL CORPORATION OF INDIA LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, REGD:OFFICE AT "SYNDICATE HOUSE" MANIPAL, UDUPI (TQ) & DIST-576 104. REPRESENTED BY ITS DIRECTOR, SRI.T.SUDHAKAR PAI S/O LATE T.RAMESH U PAI.
5. M/S. JAI BHARATH MILLS JAIBHARAT COMPLEX, MARUTI VEETHIKA ROAD, CHITTARANJAN CIRCLE, UDUPI TQ & DISTRICT-576 104 REPRESENTED BY ITS MANAGING PARTNER/EXECUTIVE OFFICER/ ANY AUTHORIZED PERSON.
(By SMT NILOUFER AKBAR, AGA FOR R1 … RESPONDENTS SMT VIJAYA KRISHNA BHAT, ADV. FOR R4 (ABSENT) M/S KRISHNAMURTHY & ASSTS FOR R1, R3 & R5 (ABSENT)) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED CERTIFICATE DTD.16.7.2013 IN REGD.NO.55/1966-67 IN FLG NO.122/2013-14 IN FORM-D UNDER RULE 10(A) AND IN REGD.NO.55/1966-67 IN FLG NO.123/2013-14 IN FORM-D UNDER RULE 10(A) VIDE ANNEX-A & B AND ALL FURTHER PROCEEDINGS PURSUANT TERETO AND DECLARE THAT ALL TRANSACTIONS TAKEN PLACE IN CONNECTION WITH THE SAID CERTIFICATES ATE NONEST IN LAW, NULL AND VOID AND UNENFORCEABLE.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Sachin B.S., learned counsel for the petitioner. Smt.Niloufer Akbar, learned Additional Government Advocate for respondent No.1.
After arguing the matter to some extent, the learned counsel for the petitioner seeks leave of this Court to take recourse to such remedy as may be available to him under law.
With the aforesaid liberty, petitions are disposed of.
Sd/- JUDGE SS