✦ Karnataka High Court · 30 Aug 2012

P.V.KULKARNI DEAD BY LRs v. THE OFFICIAL LIQUIDATOR

Company Application No. 983 of 2012L NARAYANA SWAMY2 min read

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 30 th August

Judgment

THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY COMPANY APPLICATION No.983 OF 2012 IN COMPANY PETITION No.166 OF 2001 BETWEEN: P.V.KULKARNI DEAD BY LRs SMT.SUDHA P KULKARNI W/O LATE SUDHA P KULKARNI AGED ABOUT 52 YEARS, C/O MRS M.V.KULKARNI NO.80/1, KULKARNI GALLI, BAILAHONGAL. (BY SRI.R.B.CONTRACTOR & M.G.CONTRACTOR, ADVS.) … APPLICANT AND: THE OFFICIAL LIQUIDATOR THE MYSORE KIRLOSKAR LTD., (IN LIQN.), RAHEJA TOWERS, 12TH FLOOR, M.G.ROAD, BANGALORE. (BY SRI.K.S.MAHADEVAN & V.JAYARAM, ADVS. FOR OL) ...RESPONDENT THIS COMPANY APPLICATION IS FILED UNDER RULE 6 & 9 OF THE COMPANIES [COURT] RULES, 1959, PRAYING TO ISSUE DIRECTION TO THE OFFICIAL LIQUIDATOR TO ACCEPT INDEMNITY BOND AT THE TIME ISSUEING CHEQUE INSTEAD OF SUCCESSION CERTIFICATE IN THE INTEREST OF JUSTICE AND 2 EQUITY AND ETC., THIS APPLICATION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING ORDER This application is filed by the legal heir of deceased P. V. Kulkarni 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.

2.

It is submitted that applicant's name is required to be entered in the adjudication proceedings by the Official Liquidator. It is also contended that she is unable to file Probate & Succession case before the Civil Court to obtain succession Certificate and is ready and willing to give indemnity bond, and as such, seeks direction to the Official Liquidator to accept the indemnity bond and to enter the names of the applicant. A direction is also sought to the Official Liquidator to issue Form No.69 to the legal heirs of the deceased.

3.

Learned counsel for the Official Liquidator submits that if the applicant produces the survivor-ship certificate and 3 executes an indemnity bond for the said amount, he has no objection to disburse the amount.

4.

It is submitted that this Court, under similar 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

5.

Hence, this application is allowed in terms of the order made in CA. No.666 of 2012 disposed of on 30 th August

2012. Applicant is 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.

Why is this linked?

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