( By Sri. R B CONTRACTOR, ADV.) v. ( By Sri. K S MAHADEVAN, ADV. FOR OL)
Case at a glance
- Decided
- 30 Aug 2012
- Bench
- L NARAYANA SWAMY
Outcome
Allowed
Hence, this application is allowed in terms of the
Key paragraphs
- Para 55. Hence, this application is allowed in terms of the order made in CA. No.666 of 2012 disposed of on 30th August
Judgment
SMT.GANGAMMA W/O LATE H.UMAPATHI AGED ABOUT 46 YEARS APPLICANT NO.1 TO 3 REPRESENTED BY MOTHER APPLICANT NO.4 ALL ARE RESIDENTS OF # 80, MALLIKARJUNA EXT., 1ST MAIN, 3RD CROSS, AMARAVATI HARIHAR-577 601 DAVANAGERE DISTRICT. ( By Sri. R B CONTRACTOR, ADV.) ...APPLICANTS AND : THE OFFICIAL LIQUIDATOR THE MYSORE KIRLSOKAR LTD., (IN LIQN.) RAHEJA TOWERS, 12TH FLOOR M G ROAD, BANGALORE ( By Sri. K S MAHADEVAN, ADV. FOR OL) ...RESPONDENT This Company Application is filed Under Rule 6 & 9 of the Company Issue direction to the Official Liquidator to accept Indemnity Bond at the time issuing cheque instead of Succession Certificate in the interest of justice and equity and etc., Rules, praying [Court] 1959, This Application coming on for Orders, this day, the Court made the following: ORDER This application is filed by the legal heirs of deceased H. 3 Umapathi who was an ex-employee of M/s. Mysore Kirloskar Limited, Harihar, which was under liquidation, seeking for disbursement of claims of the deceased without insisting for production of Succession Certificate.
It is submitted that applicants' name are required to be entered in the adjudication proceedings by the Official Liquidator. It is also contended that they are unable to file Probate & Succession case before the Civil Court to obtain succession Certificate and they are ready and willing to give indemnity bond, and as such, they are seeking direction to the Official Liquidator to accept the indemnity bond and to enter their names. They have also sought for direction to the Official Liquidator to issue Form No.69 to the legal heirs of the deceased.
Learned counsel for the Official Liquidator submits that if the applicants produce the survivor-ship certificate and executes an indemnity bond for the said amount, he has no objection to disburse the amount.
It is submitted that this Court, under similar 4 circumstances, in CA No.666 of 2012 in Company Petition No.166 of 2001 disposed of on 30th August 2012, wherein the respondent in that petition and the respondent in the present petition are same, has issued direction to the Official Liquidator to disburse the amount on production of survivor- ship certificate and on execution of an indemnity bond.
Operative part
Hence, this application is allowed in terms of the order made in CA. No.666 of 2012 disposed of on 30th August
2012. Applicants are granted four weeks' time to produce the survivor-ship certificate and to execute indemnity bond. On production of the same, the Official Liquidator shall release or disburse the amount in accordance with law. SD/- JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Hence, this application is allowed in terms of the
Which court decided this case, and when?
Karnataka High Court, on 30 Aug 2012. The bench was L NARAYANA SWAMY.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.