IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2015 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CO.P.NO.232/2012 C/W CO.P.NOS. 45/2013, 199/2014 & 200/2014 BETWEEN:
1. SRI. M.N. SHEKAR AGED ABOUT 43 YEARS S/O LATE SRI. M.M. NAGARAJ 2. SRI. M.N. RAJESH AGED ABOUT 40 YEARS S/O LATE SRI. M.M. NAGARAJ BOTH ARE RESIDING AT NO.93, 4TH FLOOR, BJIMJAJYOTHI, LIC COLONY, 2ND STAGE WEST OF CHORD ROAD BANGALORE-79.
...COMMON PETITIONERS (BY SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE) AND:
M/S GURU AGRI FARM PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.93, 2ND FLOOR, BHIMAJYOTHI, LIC COLONY, 2ND STAGE, WEST OF CHORD ROAD, BANGALORE-79.
REPRESENTED BY ITS MANAGING DIRECTOR SRI. L. GANGADHAR.
...COMMON RESPONDENT (BY SRI.S. SRIRANGA, ADVOCATE) THESE COMPANY PETITIONS ARE FILED UNDER SECTION 433(e) AND 439 OF THE COMPANIES ACT, 1956 PRAYING TO THE RESPONDENT COMPANY MAY BE WOUND UP BY THIS HON’BLE COURT UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956; AND ETC., THESE COMPANY PETITIONS COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
O R D E R Learned Advocates appearing for the parties have filed a joint memo dated 27.11.2015 agreeing upon the terms set out therein.
2. First petitioner and Sri Kumar, authorised signatory of respondent – company are present before Court. They admit execution of the joint memo. They also state that after having understood contents of joint memo, they have affixed their signatures out of their free will and volition and without any force, threat or coercion. Learned Advocates appearing for the parties, in token of having identified the parties present before Court, have also affixed their signatures to the joint memo. In that view of the matter, I find no impediment to accept the joint memo. Accordingly, it is hereby accepted.
3. In the light of aforesaid facts, these petitions stand disposed of in terms of joint memo. In the event of respondent-company failing to adhere to the terms of joint memo, petitioners would be at liberty to revive this petition.
In view of disposal of these petitions, all pending applications stand rejected.
SD/-
JUDGE *sp