OFFICIAL LIQUIDATOR OF M/S MURUDESHWARA FOODS AND EXPORTS LTD IN LIQN BANGALORE Vs. K ANANDA SHETTY HUBLI

JUDGEMENT

(1.) C.A. 616/2006 is filed on 03.07.2006 under Section 543 of the Companies Act, 1956 read with Rule 260 of the Companies (Court) Rules, 1959 against Respondents 1 to 9 to declare that Respondents are liable to pay jointly or severally to the Official Liquidator the amounts specified therein with interest thereon. This application has abated against Respondents 4 and 5 on account of their death. Recording of evidence before Registrar, Code of Civil Procedure has already commenced and on various dates evidence of parties has been recorded and a Court Commissioner was also appointed to record the evidence and at that stage official liquidator has filed C.A.397/2011 seeking incorporation of three prayers by way of amendment to C.A.616/2006 namely to add three (3) prayers. The Registry on such application being filed has raised following objection. Non filing of memo of service in C.A.397/2011.

(2.) Thereafter official liquidator has filed a memo of service in C.A.397/2011 stating that Judges Summons in C.A.397/2011 sent to Respondents 2, 3, 7 and 8 are duly served and notice issued to Respondents 4 and 5 is returned with a postal shara as ''party deceased''. In respect of polices issued to Respondents 1. 6 and 9 neither acknowledgment nor undelivered postal cover has been received by official liquidator. Admittedly Respondents 4 and 5 have expired and this Court by order dated 12.11.2008 and 27.07.2007 respectively has already held that application C.A.616/2006 filed against Respondents 4 and 5 has stood abated and matter has been posted for further orders before this Court for furnishing acknowledgments for having served Judges summons on other Respondents. It is noticed that Respondents 1, 6 and 9 are already represented in C.A.616/2006 by learned Counsel M/s. Satish and Aravind who have appeared before this Court and as well as before Registrar, CPC.

(3.) It is contended by learned Counsel for official liquidator that all applications filed even in a pending proceedings are to be accompanied by Judges summons as required under Rule 11(b) of the Company (Court) Rules, 1959 and contends that notice to Respondents of such application will have to be once again issued to the Respondents though they have already appeared and contesting the matter through Advocates.