Company Application No. 34 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:16864 CA No. 34 of 2025 IN COP No.154 of 2002 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN COMPANY APPLICATION NO. 34 OF 2025 IN COMPANY PETITION NO. 154 OF 2002 BETWEEN: 1. S LAKSHMINARAYANA RAO S/O SANTOJI RAO KADAM, AGED ABOUT 69 YEARS, NO.70, 5TH CROSS, 2ND MAIN, DINNUR, R.T. NAGAR POST, BENGALURU-560 032. 2. G.G. KULKARNI, S/O. GANGADHAR KULKARNI, AGED ABOUT 74 YEARS, NO.658, 6TH MAIN, 12TH CROSS, NRUPATHUNGANAGAR, NGEF LAYOUT, NAGARABHAVI, BENGALURU-560 072. Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA 3. M.K.POONACHA, S/O. M.M. KUSHALAPPA, AGED ABOUT 75 YEARS, NO.403, 8TH 'A' MAIN, 1ST BLOCK, KALYANANAGAR, BENGALURU-560 043. - 2 - NC: 2025:KHC:16864 CA No. 34 of 2025 IN COP No.154 of 2002 4. VENKATESHA R.K., S/O. KUNTAPPA, AGED ABOUT 71 YEARS, NO.2790, 2ND STAGE, 7TH MAIN, NEAR 108 GANAPATHI TEMPLE, KUMARASWAMY LAYOUT, BENGALURU-560 078. 5. S. KRISHNAJI RAO, S/O. SIDDOJI RAO, AGED ABOUT 71 YEARS, NO.132, 2ND STAGE, 3RD CROSS, NEXT TO PIPELINE, KUMARASWAMY LAYOUT, BENGALURU-560 078. 6. M.A. GANAPATHY, S/O. M.M. ANNAIAH, AGED ABOUT 73 YEARS, NO.45, NEW MANJUNATHA LAYOUT, 3RD MAIN, KOWDENAHALLI, R.M. NAGAR, DOORVANINAGAR, BENGALURU-560 016.
Legal Reasoning
7. T. SRINIVASAMURTHY, S/O. THIMMAIAH, AGED ABOUT 70 YEARS, NO.26/B, 3RD MAIN, 9TH CROSS, NEW MANJUNATHA LAYOUT, R.M. NAGAR, DOORVANINAGAR, BENGALURU-560 016. 8. C. VEDAMURTHY, S/O. V.C. CHANDRASHEKARIAH, AGED ABOUT 71 YEARS, NO.1051, 1ST CROSS, 2ND MAIN, - 3 - NC: 2025:KHC:16864 CA No. 34 of 2025 IN COP No.154 of 2002 1ST STAGE, MANASA NAGARA, BENGALURU-560 072. 9. H.NARASIMHAIAH, S/O. NARASIMHAIAH, AGED ABOUT 73 YEARS, NO.1030/55, 1ST FLOOR, 3RD MAIN, 4TH CROSS, VIJAYANAGAR, BENGALURU-560 040. 10. T. KESAVARAJ, S/O.M.D. RANGAVELU, AGED ABOUT 72 YEARS, NO.184, 4TH MAIN, SADANANDANAGAR, NGEF LAYOUT, BENGALURU-560 038. 11. L. MUDDEGOWDA, S/O. LINGAIAH, AGED ABOUT 76 YEARS, NO.43, 1ST CROSS, NAIDU LAYOUT, VASANTHAPURA ROAD, DODDAKALLASANDRA, BENGALURU-560 062. 12. K.R. SHIVAKUMAR, S/O. G. RENU, AGED ABOUT 80 YEARS, NO.1895/6, 20TH MAIN, 21ST CROSS, VIJAYANAGAR, BENGALURU-560 040. 13. M. CHANDRASHEKARA NAIDU, S/O. M. MUNISWAMY, - 4 - NC: 2025:KHC:16864 CA No. 34 of 2025 IN COP No.154 of 2002 AGED ABOUT 68 YEARS, NO.110/66, K.R. PURAM EXTN., KASHIVISHWANATHA LAYOUT, BENGALURU-560 036. 14. Y.B. SRIDHARA MURTHY S/O. BASAPPA, AGED ABOUT 67 YEARS, NO.79, 6TH MAIN ROAD, VINAYAKA NAGAR, KENGERI UPANAGAR, BENGALURU-560 060. 15. M.R. RANGANNA S/O.LATE DODDARANGAPPA, AGED ABOUT 72 YEARS, NO.153, 1ST FLOOR, 19TH CROSS, 7TH 'C' MAIN, 3RD BLOCK, IV STAGE, BASAVESHWARA NAGAR, BENGALURU-560 079. 16. T.K. SRINIVASA DEVARU, S/O. VENKATACHALAIAH, AGED ABOUT 71 YEARS, NO.23, 1ST MAIN, 2ND CROSS, SOUDHAMINI LAYOUT, BENGALURU-560 063. 17. C. RAJU, S/O. CHIKKANNA, AGED ABOUT 70 YEARS, NO.214, 2ND 'B' MAIN ROAD, VINAYAKA LAYOUT, 9TH BLOCK, NAGARABHAVI, BENGALURU-560 072. - 5 - NC: 2025:KHC:16864 CA No. 34 of 2025 IN COP No.154 of 2002 18. S. MAHADEVA SWAMY, S/O. SIDDAIAH, AGED ABOUT 62 YEARS, NO.45, 'B' MAIN, MEENAKSHI LAYOUT EXTN., BYRAVESWARA CIRCLE, SIDEDAHALLI, BENGALURU-560 073. 19. SHIVANNA, S/O. DODDAIAH AGED ABOUT 74 YEARS, NO.527, 2ND CROSS, 8TH MAIN, SADANANDANAGAR, INDIRANAGARA, BENGALURU-560 038. 20. APPAJI GOWDA, S/O. JAVAREGOWDA, AGED ABOUT 74 YEARS, NO.859, CHURCH ROAD, CHOWDESHWARI NAGAR, LAGGERE, PEENYA, BENGALURU-560 058. 21. K. VARADARAJU, S/O. KALACHAR, AGED ABOUT 75 YEARS, NO.172, BLOCK NO.04, D GROUP LAYOUT, LINGADEERANAHALLI, ANDRAHALLI MAIN ROAD, BENGALURU-560 091. - 6 - NC: 2025:KHC:16864 CA No. 34 of 2025 IN COP No.154 of 2002 22. T. SATHYA DAS, S/O. THAMBUDORAI, AGED ABOUT 73 YEARS, PLOT NO.8, VIVEKANANDA LAYOUT, 10TH MAIN, RAMAMURTHY NAGAR, BENGALURU -560 016. 23. K. MAHADEVAIAH, S/O.KOTTALE GOWDA, AGED ABOUT 73 YEARS, NO.1638, 1ST FLOOR, POLICE LAYOUT, 2ND STAGE, NADANAHALLI, S.V.P.NAGAR, MYSORE-570 028. 24. V. SHAMANNA REDDY, S/O. VENKATASWAMY, AGED ABOUT 78 YEARS, NO.1, OLD NO.14, 19TH MAIN, C.V. RAMAN NAGAR POST, KAGGADASAPURA, BENGALURU-560 093. 25. T. BALAKUMAR, S/O. A.T. THYAGARAJA, NO.5, OLD NO.1, C.NO.1 STREET, BOWEE STREET, ULSOOR, BENGALURU-560 008. 26. G. SRINIVASA, S/O. GOVINDARAJULU NAIDU, AGED ABOUT 71 YEARS, NO.29/2, 3RD CROSS, AVALAHALLI MAIN ROAD, SRINAGAR, BENGALURU-560 050. - 7 - NC: 2025:KHC:16864 CA No. 34 of 2025 IN COP No.154 of 2002 27. P. SATISH, S/O. S. PAUL CHINNA, AGED ABOUT 72 YEARS, NO.13/2, 1ST CROSS, KRISHNAMURTHY LAYOUT, TAVAREKERE MAIN ROAD, BENGALURU-560 029. 28. R. JAYAPRAKASH, S/O. P.K. RAMAIAH, AGED ABOUT 65 YEARS, NO.71, 2ND CROSS, MAHALAKSHMI LAYOUT, ANANTHAPURA 5TH MAIN ROAD, YELAHANKA, BENGALURU-560 064. 29. MAHADEVAIAH, S/O. LATE MADAIAH, AGED ABOUT 72 YEARS, NO.113, 10TH 'D' CROSS, SANJEEVINI NAGAR, MOODALAPALYA, SHAKTHI GARDEN, BENGALURU-560 072. 30. N.R. SRIDHARA, S/O.N.V. RANGACHAR, AGED ABOUT 75 YEARS, NIRMAN LAYOUT NO.506, KOPPA VILLAGE, JIGANI HOBLI, BENGALURU-560 105. 31. T. KEMPAIAH, S/O. THIMMAIAH, AGED ABOUT 70 YEARS, - 8 - NC: 2025:KHC:16864 CA No. 34 of 2025 IN COP No.154 of 2002 NO.331/1A(7), NEAR BEML CIRCLE, HAL III STAGE, NEW THIPPASANDRA, BENGALURU-560 075. 32. K. MANJUNATHA, S/O. S.R. KRISHNAMURTHY, AGED ABOUT 66 YEARS, NO.490, 10TH CROSS, 5TH MAIN, NEAR VIJAYA BANK, MALLATHAHALLI, BENGALURU-560 056. 33. B.S. SHANKARAPPA, S/O. BANASHETTAPPA, AGED ABOUT 72 YEARS, NO.50/2, SANJEEVAPPA LANE, AVENUE ROAD CROSS, BENGALURU-560 002. 34. K.R. BHARATHAN, S/O. K. RAMASWAMY IYENGAR, AGED ABOUT 76 YEARS, NO.29/2, 38TH CROSS, 8TH BLOCK, JAYANAGAR, BENGALURU - 560 070. 35. B. RAMACHANDRA SHETTY, S/O. B. BABU SHETTY, AGED ABOUT 71 YEARS, NO.6, MANGALA LAYOUT, OIL MILL ROAD, 15TH CROSS, KAMMANAHALLI, BENGALURU-560 084. - 9 - NC: 2025:KHC:16864 CA No. 34 of 2025 IN COP No.154 of 2002 36. R. KUMARESHAN, S/O. P. RANGANATHAN, AGED ABOUT 74 YEARS, NO.6, GURUMURTHY REDDY LAYOUT, 3RD BLOCK, RAMAMURTHY NAGAR, BENGALURU-560 016. 37. B. SUBRAMANYA, S/O. B. KRISHNASWAMY, AGED ABOUT 77 YEARS, NO.126, 2ND PHASE, SATHYANARAYANA LAYOUT, MAHALAKSHMIPURAM, J.C. NAGAR, BENGALURU-560 086. 38. S.M. CHIKKANNA, S/O. S.K. MUNNI GOVINDAPPA, AGED ABOUT 77 YEARS, NO.794/B, 17TH F-2 MAIN ROAD, KORAMANGALA 6TH BLOCK, BENGALURU-560 095. 39. N. RAMU, S/O. R. NATARAJAN, AGED ABOUT 75 YEARS, NO.35, 3RD CROSS, DOCTORS COLONY, KONANAKUNTE, DODDAKALLASANDRA, BENGALURU-560 062. 40. SATHYANARAYANA, S/O. CHENNAGIRIYAPPA, AGED ABOUT 62 YEARS, NO.405, GROUND FLOOR, - 10 - NC: 2025:KHC:16864 CA No. 34 of 2025 IN COP No.154 of 2002 38TH A CROSS, 26TH MAIN, 9TH BLOCK, JAYANAGARA, BENGALURU-560 069. 41. G.M. SHANTHARAJ, S/O. G.M. MARIYAPPA, AGED ABOUT 65 YEARS, NO. 185/22, 5TH MAIN ROAD, 7TH CROSS, DEVANATHACHAR STREET, CHAMARAJPET, BENGALURU-560 018. 42. M. MAHADEVA, S/O. MUGALINGE GOWDA, AGED ABOUT 76 YEARS, NO.243/8, 12TH MAIN ROAD, KALAPPA BLOCK, SRINAGAR, BENGALURU-560 050. 43. C. PANDIAN, S/O. CHINNAPPA A., AGED ABOUT 72 YEARS, NO.371, A. NARAYANAPURA, OPP. ST. JUDE CHURCH, UDAYANAGAR, DOORVANINAGAR POST, BENGALURU-560 016. 44. T. SUBRAMANI, S/O. THANGAVELU, AGED ABOUT 72 YEARS, NO.38/47, 1ST MAIN, INDIRAGANDHI STREET, A. NARAYANAPURA, UDAYANAGAR, DOORVANINAGAR POST, BENGALURU-560 016. - 11 - NC: 2025:KHC:16864 CA No. 34 of 2025 IN COP No.154 of 2002 45. S. BHUJANGESHA, S/O. M. SHIVANNA, AGED ABOUT 70 YEARS, NO.288, 4TH CROSS, NGEF LAYOUT, MALLATHAHALLI, BENGALURU-560 056. 46. G.R. SESHADRI, S/O. G.V. RAMASWAMY, AGED ABOUT 73 YEARS, NO.12, OLD NO.75, 4TH CROSS, SWIMMING POOL EXTENSION, MALLESHWARAM, BENGALURU-560 003. 47. P. KUMARA, S/O. C.M. PARVATHAIAH, AGED ABOUT 65 YEARS, NO.77/2, 3RD MAIN, 'D' CROSS, MATHIKERE, BENGALURU-560 054. 48. GANGADHARAPPA, S/O. KEMPAIAH, AGED ABOUT 75 YEARS, NO.901, 5TH CROSS, 16TH MAIN, BTM LAYOUT, 2ND STAGE, BANNERGHATTA ROAD, BENGALURU-560 076. 49. P.N. JADADESH KUMAR, S/O. CHIKKANARASIMHAIAH, NO.39/1, 7TH MAIN, NEAR 7TH CROSS, MALLESHWARAM, BENGALURU-560 003. - 12 - NC: 2025:KHC:16864 CA No. 34 of 2025 IN COP No.154 of 2002 50. K. RAMESH SHETTY, S/O. KRISHNA SHETTY, AGED ABOUT 76 YEARS, NO.79, OMKAR, 11TH CROSS, NGEF LAYOUT, NAGARABHAVI, BENGALURU-560 072. 51. B.K. SURESH, S/O. B.V. KRISHNAMURTHY, AGED ABOUT 76 YEARS, NO.302, 6TH CROSS, 5TH BLOCK, BSK III STAGE, III PHASE, BENGALURU-560 085. 52. T. VENKATESH, S/O. THIRUMALAIAH, AGED ABOUT 79 YEARS, NO.13, GROUND FLOOR, 'C' BLOCK, V6, GOLDEN NEST APARTMENT, NAGADEVANAHALLI, BENGALURU-560 056. 53. M. ABDUL RUB, S/O. M. ABDUL RAVOOF, AGED ABOUT 75 YEARS, NO.11/1, KEMPAIAH BLOCK, 1ST MAIN, J.C. NAGAR, BENGALURU-560 006. 54. MIRZA ASADULLA BAIG, S/O. JABBAR BAIG M.E., AGED ABOUT 74 YEARS, NO.104, NEAR NEW RTO, DASANAPURA HOBLI, - 13 - NC: 2025:KHC:16864 CA No. 34 of 2025 IN COP No.154 of 2002 GOWDAHALLI, SHIVANAPURA POST, BENGALURU DISTRICT-562 123. 55. A.G. NAGARAJA, S/O. GIRIYAPPA CHARI R., AGED ABOUT 71 YEARS, NO.155, 3RD CROSS, V.B.LAYOUT, K.R. PURAM, BENGALURU-560 036. 56. N. GOPAMMA, W/O. V. NARASIMHAIAH, AGED ABOUT 68 YEARS, NO.264, 6TH CROSS, ASHOKNAGARA, N.R. COLONY, BENGALURU-560 050. 57. YASHODAMMA W/O. T.N. LAKSHMINARASIMHAIAH, AGED ABOUT 65 YEARS, NO.242, 8TH CROSS ROAD, NEW BYAPPANAHALLI, INDIRANAGAR, BENGALURU-560 038. 58. B. RATHNA, W/O. BASAVARAJ, AGED 72 YEARS, NO.4, 3RD CROSS, RAMASWAMY LAYOUT, KRISHNAMURTHY NAGAR, NEW BYAPPANAHALLI, BENGALURU-560 038. 59. D.R. JAYASHRI, W/O. S. NARASIMHA PRAKASH, AGED ABOUT 70 YEARS, NO.811, - 14 - NC: 2025:KHC:16864 CA No. 34 of 2025 IN COP No.154 of 2002 HRBR LAYOUT, 1ST BLOCK, 5TH CROSS, KALYANANAGAR, BENGALURU-560 043. 60. B.S. LAKSHMIDEVAMMA W/O. R. GOVINDAIAH, AGED ABOUT 80 YEARS, NO.101/B, 12TH MAIN, 1ST STAGE, 1ST PHASE, GOKULA, MATHIKERE, M.S.R.I.T. POST, BENGALURU-560 054. 61. SUMITHRA C. KANABARGIMATH W/O. LATE C.S. KANABARGIMATH, AGED ABOUT 84 YEARS, NO.168, 4TH CROSS, 4TH MAIN, NGEF LAYOUT, RMV II STAGE, BENGALURU-560 094. 62. PARVATHAMMA, W/O. A. JAYARAM, AGED ABOUT 64 YEARS, NO.782-1, 8TH MAIN, 8TH CROSS, GOKUL I STAGE, DIVANARA PALYA, BENGALURU-560 054. 63. RAMAKKA, W/O. R. MAHESHA, AGED ABOUT 61 YEARS, NO.943, 1ST FLOOR, 1ST CROSS, BABUSA PALYA, KALYANAGAR, BENGALURU-560 043. - 15 - NC: 2025:KHC:16864 CA No. 34 of 2025 IN COP No.154 of 2002 64. LAKSHMI VENKATESHA BABU, W/O. S. VENKATESHA BABU, AGED ABOUT 63 YEARS, NO.343, 7TH CROSS, 7TH MAIN, NGEF LAYOUT, NAGARABHAVI, BENGALURU-560 072. 65. SUNEETHA A. @ SUNITHA A., W/O. NANJUNDEGOWDA, AGED ABOUT 72 YERARS, NO.62, B CROSS, 1ST MAIN ROAD, NEW GUDDAHALLI, MYSORE ROAD, BENGALURU-560 026. 66. M. LAKSHMI, W/O. T.N. HONNEGOWDA, AGED ABOUT 57 YEARS, NO.91/4, 14TH MAIN, NEAR BCC BANK, MUNESHWARA BLOCK, BENGALURU-560 026. 67. K.P. LATHA KUMARI, W/O. JAGADEESH, AGED ABOUT 61 YEARS, NO.616, 2ND MAIN, NEAR SURANA COLLEGE, KENGERI UPANAGAR, BENGALURU-560 060. 68. LATHA MERCY, W/O. DAVID KUMAR, AGED ABOUT 60 YEARS, NO.13, 1ST CROSS, SARASWATHIPURAM, HALASURU, BENGALURU-560 008. - 16 - NC: 2025:KHC:16864 CA No. 34 of 2025 IN COP No.154 of 2002 69. D.K. JAGADEESH, S/O. S. KRISHNAPPA, AGED ABOUT 45 YEARS, NO.13, LIG II FLOOR, 80 FEET ROAD, 2ND STAGE, KS TOWN, BENGALURU-560 060. …APPLICANTS (BY SRI VISHWANATH R, HEGDE, ADVOCATE) AND: 1. THE MANAGING DIRECTOR NGEF LTD. KARNATAKA STATE INDUSTRIAL INVESTMENT AND DEVELOPMENT CORPORATION, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001. (BY SMT. RAJASHREE, ADVOCATE FOR SRI SAJI P. JOHN, ADVOCATE) …RESPONDENT THIS APPLICATION IS FILED UNDER RULE 179 READ WITH RULES 6 AND 9 OF THE COMPANIES (COURT) RULES 1959, PRAYING TO DIRECT THE RESPONDENT TO CALCULATE AND PAY INTEREST AT 4% P.A. ON THE AMOUNTS DUE AND PAID TO THE APPLICANTS/EX-EMPLOYEES ON ACCOUNT OF THEIR VOLUNTARY RETIREMENT FROM THE COMPANY M/S. NGEF LTD. TOWARDS SUPERANNUATION AMOUNT, FROM THE DATE OF WINDING-UP ORDER I.E., 03-08-2004 TILL THE DATE OF PAYMENT AND GRANT SUCH OTHER AND FURTHER RELIEFS AS ARE JUST. THIS APPLICATION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING: - 17 - NC: 2025:KHC:16864 CA No. 34 of 2025 IN COP No.154 of 2002 CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER The aforementioned application is filed by the employees of the Company which was initially wound up and now sought to be revived. It is their contention that they were paid superannuation amount by the Company belatedly and hence, have made the present application for payment of interest at the rate of 4% per annum on the amount paid to them belatedly. 2. Learned counsel for the Company submits that similarly situated persons have been paid the amount as prayed for by the present applicants and that the Company is willing to pay the interest amount as claimed by the applicants after due verification as to their claims about their employment and also belated payments towards superannuation amount made to them. Hence, the following:
Decision
ORDER i. The respondent - Company is directed to pay the applicants interest at the rate of 4% per annum on the belated superannuation amount already paid to - 18 - NC: 2025:KHC:16864 CA No. 34 of 2025 IN COP No.154 of 2002 them after due verification as to whether the applicants were indeed employees of the respondent - Company and that they have been already paid superannuation amount by the Company, as claimed by the applicants. ii. C.A.No.34/2025 is accordingly disposed of. Sd/- (M.I.ARUN) JUDGE VMB