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NC: 2024:KHC:8970
CA No. 30 of 2023
In COP No. 149 of 2011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
COMPANY APPLICATION NO. 30 OF 2023
IN
COMPANY PETITION NO.149 OF 2011
BETWEEN:
1. KIRTI D SHAH
S/O. DHANJI DHARMSHI,
AGED ABOUT 64 YEARS,
RESIDING AT NO. 420,
10TH CROSS, 7TH MAIN, J. P. NAGAR,
II PHASE, BANGALORE-560 078.
2. TARUN D DHARAMSHI
S/O. DHANJI DHARAMSHI,
AGED ABOUT 52 YEARS,
RESIDING AT NO. 601, 52,
SWASTIK SOCIETY JOY APARTMENT,
4TH ROAD, JVPD SCHEME JUHU
VILLE PARLE (W), MUMBAI-400 056.
Digitally signed
by
3. KALPANA T DHARAMSHI
NARAYANAPPA
W/O. TARUN D DHARAMSHI,
LAKSHMAMMA
AGED ABOUT 56 YEARS,
Location: HIGH
COURT OF RESIDING AT NO. 601, 52,
KARNATAKA
SWASTIK SOCIETY JOY APARTMENT,
4TH ROAD, JVPD SCHEME JUHU
VILLE PARLE (W), MUMBAI-400 056.
4. VIREN K DHARAMSHI
S/O. KIRTI SHAH,
AGED ABOUT 40 YEARS,
RESIDING AT NO. 420, 10TH CROSS,
7TH MAIN, J. P. NAGAR,
II PHASE,
BANGALORE-560 078.
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NC: 2024:KHC:8970
CA No. 30 of 2023
In COP No. 149 of 2011
5. JYOTHI K DHARAMSHI
D/O. KIRTI SHAH,
AGED ABOUT 64 YEARS,
RESIDING AT NO. 420, 10TH CROSS,
7TH MAIN, J. P. NAGAR,
II PHASE,
BANGALORE-560 078.
6. JATIN TARUN DHARAMSHI
S/O. TARUN DHARAMSHI,
AGED ABOUT 28 YEARS,
RESIDING AT NO. 601, 52,
SWASTIK SOCIETY JOY APARTMENT,
4TH ROAD, JVPD SCHEME JUHU,
VILLE PARLE (W),
MUMBAI-400 056.
…APPLICANTS
(BY KUM. NIYATHI M., ADVOCATE FOR
UDAYA SHANKAR ASSOCIATES)
AND:
M/S. DELUXE ROADLINES (P) LTD.,
REP BY ITS CHAIRMAN,
MR. KHUSHALCHAND D SHAH,
NO. 79, 4TH CROSS, NARASHIMARAJA ROAD,
BENGALURU-560 019.
…RESPONDENT
(BY SRI. JAGADEESHGOUD PATIL .,ADVOCATE FOR OL)
THIS COMPANY APPLICATION IS FILED UNDER RULE 9 OF THE
COMPANIES (COURT) RULES 1956 PRAYING TO SET ASIDE THE
MEETING DATED 15.04.2010 AND CONSEQUENTIAL ALLOTMENT OF
5,20,000 EQUITY SHARES OF BY RESPONDENT HEREIN COPY OF THE
ORDER DATED 07.12.2018 IS ENCLOSED AS ANNEXURE-ZC
THIS COMPANY APPLICATION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:8970
CA No. 30 of 2023
In COP No. 149 of 2011
ORDER
1. The applicants are before this Court seeking for the
following reliefs:
i. To set aside the meeting dated 15.04.2010 and
consequential allotment of 5,20,000 equity shares
of by respondent herein. Copy of the order dated
07.12.2018 is enclosed as Annexure-ZC.
2. On enquiry with the learned counsel for respondent -
company as to whether the company is functioning, he
fairly submits that the company has become defuncto
long ago as also infact struck of from the Registrar of
Companies on account of company having become
defunto. His submission is placed on record.
3. In view of the company having itself become defunto and
no business is found to be run in the registered office of
the company, C.A.No.30/23 does not survive for
consideration. C.A.No.30/2023 stands dismissed.
Sd/-
JUDGE
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