G.P.MADULETI v. THE OFFICIAL LIQUIDATOR

Court: High Court for State of Telangana

Bench: MOUSHUMI BHATTACHARYA

Judgment date: 2024-12-23

Case summary

High Court for State of Telangana judgment dated 2024-12-23. G.P.MADULETI v. THE OFFICIAL LIQUIDATOR. Read the judgment and case details on LawSphereX.

Judgment text

[ 3405 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA COMPANY APPLICATION Nos. 281. 283, 285. 287. 289, 2091. 2093. 2095 and 2097 o1 2009 COMPANY APPLICATION No. 281 of 2009 IN R. C. C: 22 of 2000 ln the matter of Companies Act, 1956 And ln the matter of M/s Tungabhadra lndustries Ltd. (ln Liquidation) Between: P. Vidyullatha, W/O. P. Kumar Reddy, D/o. P. Eswar Reddy R/o. Door No. 50733, Birla Quarters, Tungabhadra lndustries Ltd. Workers Quarters. , Tagore Nagar, Gooty Road, Kurnool, Kurnool District. , A. P. , ... Applicant AND 1. THE OFFICIAL LIQUIDAIOR, High Court of Andhra Pradesh At Hyderabad (3-5-398, '1st Floor, Kendriya Sadan, Sultan Bazar, Koti, Hyderabad) 2. State Bank of lndia, Kurnool Branch, Kurnool, rep. , by its Chief Manager. R-2 impleaded as per Court Order dated 23. 07. 2013 vide COMPA No. 820 of 2013. ...

Respondents \\ Application Under Section 457, 458 & 460 R/w Rule g of the Compdny Court Rules, 1959 praying that this Hon'ble Court may be pleased to Directed the official liquidator to desist from claiming the possesiion of the house premises bearing Door No. 50/733, of survey No. 74912 part Tungabhadra lndustries workers Quarters (Birla Quarters) Tagore Nagar, Gooty Road, Kurnool, Karnool Dist. , Admeasuring 612 Sq. ft and further direct to do all acts to execute in the name and on behalf of the company, the appropriate sale deeds or documents in the favour of the applicant therein. This application coming on for orders, upon reading the Judge's summons and the affidavit dated 10. 10. 2007 filed by Sri P. Vidyullatha, Applicant in support of the Company Application and upon hearing the arguments of Mr. Karam Chendu Komi Reddy, Representing Mr. Ramuloo Komireddy, Counsel for the for the Applicants, and Mr. G.

Kalyan Chakravarthy Standing Counsel for Official Liquidator for the Respondent No. 1, Mr. Umesh Singh, representing Mr. Srikanth Reddy, counsel for the Respondent No. 2. COMPANY APPLICATION No. 283 of 2009 ln R. C. C. NO: 22 OF 2000 ln the Matter of Companies Act, 1956 And ln the Matter of M/s. Tungadhadra lndustries Ltd. (ln Liquidation) Between: G. P. MADULETI, S/o. Chinna Timmaah, R/o. Door No. 50/734, Birla Quarters, Tungabhadra lndustries Ltd- Workers Quarters. Tagore Nagar, Gooty Road, Kurnool, Kurnool District. , A. P. , ... Applicant AND THE OFFICIAL LIQUIDATOR, High Court of Andhra Pradesh At Hyderabad (3-5- 398, 1st Floor, Kendriya Sadan, Sultan Bazar, Koti, Hyderabad) .. Respondent g Application Under Section 457,458 & 460 of Companies Act R/w Rule of the Company Court Rules, 1959 praying that this Hon'ble Court may be pleased to Directed the official liquidator to desist from calming the possession of the house premises bearing Door No. 50n34, of survey No.

74912 part Tungabhadra lndustries workers Quarters (Birla Quarters) Togore Nagar, Gooty Road, Kurnool, Kurnool Dist. , Admeasuring 2052 Sq ft and further direct to do all acts to execute in the name and on behalf of the company, the appropriate or documents ih\he favour of the applicanl therein. This application coming on for orders, upon reading the Judge's summons and the affidavit dated 10. 10. 2007 filed by Sri G. P. Madduleti, Applicant in support of the Company Application and upon hearing the arguments of Mr. Karam Chendu Komi Reddy, Representing Mr. Ramuloo Komireddy, Counsel for the Ior t[_ for Official Standing Counsel Chakravarthy and Mr' G Kalyan the APPlicants, the ResPondent Liquidator for NO . 285 of 2009 COMPANY APPLI CATI ON ln . ZZ OF 2000 R. c . c. No Act' 1956 ln the matter of GomPanies A Ltd' (tn Liquidation) ftndr. tri". of MIs Tungabhad ln the matter Between: Ahmed' R/o Door No 50tr3-9'Jirla S/O Late S Nazeer - S. IQBAL BASHA, a is ias o': r nTJ'. t,[.

' Lld wo rke rs o u i6 XiB? '[ f"? "" Ouarters, Tungabhadra A. P. ' Kurnool District. , Road, Kurnool, AND rHEoFFrcrAl.. Lrogl%l"o$;:ati,3l'#::ltll:rrrBt:;:AlHvderabad(3-5-saoalr' ourr'dr' 398, 1st Floor, Kendnya ... Respondent Act r/w rule I of 458 +Oi Section 457 & ' Application Under 'of' 'Comoanies t"? Glt! : court Rures' l"ill";::lJ3l tl"fi:l:: the companv -T iunsaunaara $1i$ J::i",l"J"t:;';;;i;s 3jitrl;3$":I""f ! il^"ln Kurnool' tagore Nloar' 'i'i]'l6iiij"rt- Gooty Road' ou"'"ti"ie"i';'o"tt"*l the industries workers of the company' ft and on Admeasrr,;n'i';6til . beh'arf Karnool Dist.

, of the applicant therein' tn" i"uou' o'X"''i"to'i'i sale deeds appropriate "' the Judge's summons for orders' upon reading This application coming on of the affidavit dated t0 10 2007 filed by Sri S lqbal' Applicant in support and the Komi of Mr' Karam Chendu hearing the arguments Company Application and upon Applicant' for the for the Mr' Ramuloo Komireddy' Counsel Reddy, Representing for the for Official Liquidator Standing Counsel and Mr. G. Kalyan Chakravarthy \\ ResPondent. ' 87 of 2009 tcATION No. 2 COMPANY APPL ln 220F 2000 R. c. c. NO: Act' 1956 of ComPanies ln the matter And Ltd' (ln Liquidation) tnauttties Tungabn"i'" ln the matter of M/s Between: A. FRANCIS, S/o. Late V. Dass, Rio. Door No. 50/743, Birla Quarters, Tungabhadra lndustries Ltd. Workers Quarters, Tagore Nagar, Gooty Road, Kurnool, Kurnool District. A. P. , ... Applicant AND The Official Liquidator, High Court of Andhra Pradesh At Hyderabad (3-5-398, 1st Floor, Kendriya Sadan, Sultan Bazar, Koti, Hyderabad) ...

Respondent Application Under Section 457,458 & 460 of Companies Act R/w Rule 9 of the Company Court Rules, 1959 praying that this Hon'ble Court may be pleased to Directed the Official Liquidator to desist from claiming the possession of the house premises bearing Door No. 50n43, of survey No. 74912 part, Tungabhadra lndustries workers Quarters (Birla Quarters ) Tagore Nagar, Gooty Road, Kurnool, Kurnool Dist. , Admeasuring 1728 Sq. ft and further direct to do all acls to execute in the name and on behalf of the company, the appropriate sale deeds or documents in the favour of the applicant therein. This application coming on for orders, upon reading the Judge's summons and the affidavit dated 10. '10. 2007 filed by Sri A. Francis, Applicant in support of the Company Application and upon hearing the arguments of Mr Karam Chendu Komi Reddy, Representing Mr. Ramuloo Komireddy, Counsel for the for the Applicants, and Mr. G.

Kalyan Chakravarthy Standing Counsel for Official Liquidator for the Respondent. COMPANY APPLICATION No. 289 of 2009 ln R. C. C. NO: 22 OF 2000 ln the matter of Companies Act, 1956 And ln the matter of M/s Tungabhadra lndustries Ltd. (ln Liquidation! Between: ir 1 SMT. LINGAMMA, Wo Late Rood Singh, Door No 50736, Birla euarters, Tungabhadra lndustriers Ltd. Workers Quarters, Tagore Nagar, Gooty Road,Kurnool, Kurnool District. , A. P. , 2 R. VIJAY SINGH, S/o. Late Rood Singh, Door No. 50236, Birta euarters, Tungabhadra_ lndustrie_s Ltd. Workers Quarters, Tagore Nagar, Gooty Road,Kurnool, Kurnool District. , A. P. J BHAVANI SINGH, S/o. Late Rood Singh, Door E. No. 50736, Birta euarters, -euarters, Tungabhadra. Ltd. Workers . lndustries Tagore Nagar, Gooty Road,Kurnool, Kurnool District. , A. p. 4. R. VIKRAM SlNGHl, S/o. Late Rood Singh, Door No. 50/736, Birla Quarters, Tungabhadra lndustries Ltd. Workers Quarters, Tagore Nagar, Gooty Road,Kurnool, Kurnool Diskict,, A. P. ...

Applicant AND THE OFFICIAL LIQUIDAfOR, High Court of Andhra Pradesh At Hyderabad (3-5- 'lst 398, Floor, Kendriya Sadan, Sultan Bazar, Koti, Hyderabad) ... Respondent Application Under Section 457, 458 & 460 of Companies Act R/w Rule 9 of '1959 the Company Court Rules, praying that this Hon'ble Court may be pleased to Directed the official liquidator to desist from claiming the possession of the house premises bearing Door No. 50t736, of survey No. 74912 part Tungabhadra lndustries workers Quarters (Bida Quarters ) Tagore Nagar, Gooty Road, Kurnool, Kurnool Dist. , Admeasuring 479. 53 Sq. ft and further direct to do all acts to execute in the name and on behalf of the company, the appropriate sale deeds or documents in the favour of the applicant therein. This application coming on for orders, upon reading the Judge's summons and the affidavit dated 10. 10. 2007 filed by Smt. Lingamma, Applicant in support of the Company Application and upon hearing the arguments of Mr.

Karam Chendu Komi Reddy, Representing Mr. Ramuloo Komireddy, Counsel for the for the Applicants, and Mr. G. Kalyan Chakravarthy Standing Counsel for Official Liquidator for the Respondent. COMPANY APPLICATION No. 209'l of 2009 ln R. C. C. NO: 22 OF 2000 ln the matter of Companies Act, 1956 And ln the matter of M/s Tungabhadra lndustries Ltd. (ln Liquidation) Between: S DADA PEER, S/o M D lslam R/o Door No 50/740 , Birla Quarters TungabAldra lndustries Ltd Workers Quarters Tagore nagar , Gooty Road, Kurnool, Kurnool District. A. P. , ... Applicant AND THE OFFICIAL LIQUIDATOR, high Court of Andhra Pradesh at Hyderabad ( 3-5- 398 , 1st floor , kendriya Sadan , Sultan bazar , Koti, Hyderabad l ... Respondent Application Under Section 457 of Companies Act R/w Rule 9 of the Company Court Rules, 1959 praying that this Hon'ble Court may be pleased to directed the official Liquidator to desist from claiming the possession of the house premises bearing door No.

501 740 of Survey No 749 I 2 parl , Tungabhadra Industries Workers Quarters (Birla Quarters), Tagore Nagar, Gooty road , Kurnool, Kurnool District , admeasuring 672 pafi and further direct to do all acts to excute in the name and on behalf of the company , the appropriate sle deeds or documents in the favour of the applicant therein. This application coming on for orders, upon reading the Judge's summons and the affidavit dated 10 12. 2009 filed by Sri S. Dada Peer, Applicant in support of the Company Application and upon hearing the arguments of Mr. Karam Chendu Komi Reddy, Representing Mr. Ramuloo Komireddy, Counsel for the for the Applicant, and Mr. G. Kalyan Chakravarthy Standing Counsel for Official Liquidator for the Respondent. COMPANY APPLICATION No. 2093 of 2009 ln R. C. C. NO: 22OF 2000 ln the matter of Companies Act, 1956 And ln the matter of M/s Tungabhadra Industries Ltd. (ln Liquidation) Between: SHALIVAN SINGH, S/o Jyothi Singh, 28, Rl/o Door No.

50 I/38 , Birta Quarters Tungabhadra lndustries Ltd Workers Quarters Tagore nagar, Gooty Road ... Applicant AND The Official Liquidator, High Court of Andhra Pradesh at Hyderabad (3-5-398 , 1st floor , Kendriya Sadan, Sultan Bazar , Koti, Hyderabad. ... Respond6pt Application Under Section 457, 458 & 460 R/w Rule g of the Company Court Rules, 1959 praying that this Hon'ble Court may be pleased to directed the official liquidator to desist from claiming the possession of the house premises bearing door No 50 r 738 of survey No 749 12 pari , Tungabhadra lndustries workers Quarters (Birla Quarters) , Tagore Nagar, Gooty Road, Kurnool , kurnool District , admeasuring 672 parl and further direct to do all acts to execuie in the name on behalf of the company , the appropriate sale deeds or documents in ihe favour of the applicant therein ,i / This application comang on for orders, upon reading the Judge's summons / and the affidavit dated 14. 12.

2009 filed by Sri shalivan Singh, Applicant in support of the Company Application and upon hearing the arguments of Mr' Karam chendu Komi Reddy, Representing Mr. Ramuloo Komireddy, counsel for the for the Applicants, and Mr. G. Kalyan Chakravarthy standing counsel for official Liquidator for the Respondent. COMPANY APPLICATION No. 2095 of 2009 ln R. C. C. NO:22 OF 2000 ln the matter of Companies Act, 1956 And ln the matter of M/s Tungabhadra lndustries Ltd' (ln Liquidation) Between: BHAGIRATH SINGH, S/o Revath Singh, R/o Door No 50 I 741 , Birla Quarters Tungabhadra lndustries Ltd Workers Quarters Tagore Nagar , Gooty Road, Kurnool, Kurnool District of A. P. , ... Applicant AND THE OFFICIAL LIQUIDATOR, High Court of Andhra Pradesh at Hyderabad (3-5- 398 , 1st Floor, Kendriya Sadan, Sultan Bazar , Koti, Hyderabad) ...

Respondent Application Under Section 457, 458 & 460 R/w Rule 9 of the Company pleased to directed the Court Ruies, 19S9 praying that this Hon'ble Court may be official liquidator to desist from claiming the possession of the house premises bearing Door No. 50 t 741 of Survey No. 749 12 pan, Tungabhadra lndustries Workeis euarters (Birla euaters), Tagore Nagar, Gooty Road, Kurnool District, admeasuring 672 pan and further direct to do all acts execute in the name on behalf of the company , the appropriate sale deeds or documents in the favo-ur of \\ the applicant therein. . the Judge's summons This application coming on for orders, upon reading and the affidavit daled 14. 12. 2009 filed by Sri Bhagirath Singh, Applicant in support of the company Application and upon hearing the arguments of Mr. Karam chendu Komi Reddy, Representing Mr. Ramutoo Komireddy, counsel for the for the Applicants, and Mr. G. Kalyan Chakravarthy standing counsel for official Liquidator for the Respondent.

COMPANY APPLICATION No. 2097 of 2009 ln R. C. C. NO: 22OF 2OO0 ln the matter of Companies Act, '1956 And ln the matter of M/s Tungabhadra lndustries Ltd. (ln Liquidation) Between: S Chand Basha, S/o Ghouse Mohiuddin, R/o Door No. 50 i 742, Dkla Quarters Tungabhadra lndustries Ltd Workers Quarters Tagore Nagar, Gooty Road, Kurnool, Kurnool District, A. P. , ... Applica nt AND THE OFFICIAL LIQUIDATOR, High Court of Andhra Pradesh at Hyderabad (3-5- 398, 1st Floor, Kendriya Sadan, sultan bazar, Koti, Hyderabad. ... Respondent Application Under Section 457, of the Company Court read with Rule, 9 of the Company Court Rules 1959 praying that this Hon'ble Court may be pleased to directing the official liquidator to desist from claiming possession of the house premises bearing door No. 50 I 743 of survey No.

749 I 2 pan, Tungabhadra lndustries Workers Quarters (Birla Quarters ), Tagore Nagar, Gooty Road , Kurnool , Kurnool District , admeasuring 672 parl and further direct to do all acts to execute in the name and on behalf of the company , the appropriate sale deeds or documents in the favour of the applicant herein. These applications coming on for orders, upon reading the Judge's summons and the affidavit dated 14. 12. 2009 filed by Sri S. Chand Basha, Applicant in support of the Company Application and upon hearing the arguments of Mr. Karam Chendu Komi Reddy, Representing Mr. Ramuloo Komireddy, Counsel for the for the Applicants, and Mr. G. Kalyan Chakravarthy Standing Counsel for Official Liquidator for the Respondent. \ The Court made the following: ORDER THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA COMPANY APPLI CATION NOs. 2a1 2A3 285 247 2a9 209r 2093,2095 ar. d,2097 of 2OO9 IN R. C. C. No. 22 0F 2o,o,0 Mr. Karam Chendu Komireddy, leamed counsel representing Mr.

Ramuloo Komireddy, learned counsel for the applicants. Mr. G. Kalyan Chakravarthy, learned Standing Counsel for Oflicial Liquidator for the respondent No. l. Mr. Umesh Singh, leamed counsel representing Mr. Srikanth Reddy, learned counsel for ttre respondent No. 2. COMMOIT ORDER: Learned counsel appearing for the applicants and the Official Liquidator places an order passed by a Co-ordinate Bench on 23. 09. 2022 in a series of Applications filed by the workers of the Company in Liquidation. 2. Counsel for the parties agree that para 16 of the order indicates a tabular statement showing the amounts to be paid per square yard for the excess land occupied by the workers.

It is further submitted that para 18 of the order also gives a detailed tabular statement of the individual Company Applications, the I name of the applicants, the excess land occupied by the applicants and the amounts adjudicated by the oflice of the Oflicial Liquidator which is to be paid by the applicants for occupying the excess land. 3. Upon hearing counsel appearing for the parties and considering the tabular statement contained in para lg thereof, it is clear that save and except the two Company Applications namely 2O8 and 2IO of 2OlO, all tlle other remaining Company Applications may be disposed of by directing the individual applicants to pay the amounts against excess land occupied by them within a certain time frame. Counsel for the applicants prays for 8 weeks to make the payments. 4. In view of such submission, Company Application Nos.

281, 283, 285, 2a7, 289, 2091, 2093,2095 and 2097 of 2OO9 are accordingly disposed of by directing the individual applicants to pay the amounts indicated in the tabular statements contained in para 18 by 03. O3. 2O25. 5. It is made clear that the Official Liquidator shall verify if amounts have already been paid by a few of the applicants 6. Interim orders, if any, shall stand vacated and all connected applications are dispo sed of. sd/- K. SRINIVASA RAO JOINT REGISTRAR I //TRUE COPY// }L SEcrtou OFFICER To, 1st floor' Ltd'' Office at 1. The Official Liquidator, M/s Tungabhadra.. lnfultl^e. s jiaguo;'"Nagole' Hy-derabad -500068' a'n Corporate Bhawan, 'C. orporate Affairs' Governnt6nt of i'ritltiw ;f or co*pililt' 2 The Resistra Thattiannatam Nag-ote,'. aandlaouda' c. rp"ilf'B;;;;;l tndia 2nd froor state Distri-ct' retansana Village Havathnagar'fi;jai"li;;ga-Heddv of corporate South Eastern Resion',,Ministry -Bandlaouda 3 ? ["it&:"t"tiu&,.

",o,, Thattiannaram ftf CorporatJ"fin"*""' Affairs, 3d floor "gole' Pin Vitase Hayathnagar M;"il;'R";g;Euaovoist'l"t"Telanganastate' Code 500 680. of Telangana' ii"ilo o. s Section, High Court at Hyderabad' for the State 4. itt''-ft"*-'-tny' Co'nt"l for Official Liquidator' High 5 One CC to Mr. G. frfy,n Court for at HYderabad [OPUC] Komireddv' Advocate 6;;;;; trir- Ramutoo 6 195uc] sritanth Reddv, Advocate [OPUC] 7 6;; aC io tutr YV 8 Two CD CoPies lll /oh HIGH COURT OATEDl. 2311212O24 ttE s ,E 1 v z 4 riB 20fr a 30 . L COMMON ORDER * ES P,. T IN Rlc. c: zz ot zooo \\ OF COMPANY APPLICATIONS ARE DISPOSED coi'l) fr"

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