LAWS(KAR)-2004-10-4

SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES BANGALORE Vs. KARNATAKA STATE TEXTILES LIMITED IN LIQUIDATION

Decided On October 15, 2004
SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, BANGALORE Appellant
V/S
KARNATAKA STATE TEXTILES LIMITED, (IN LIQUIDATION) Respondents

JUDGEMENT

(1.) COMPANY Application Nos. 106 of 2002 and 1795 of 2003 are filed in company Petition No. 149 of 1998.

(2.) THE earlier application namely C. A. No. 106 of 2002 is by the secretary, Department of Commerce and Industries, Government of karnataka, under the provisions of Rules 6 and 9 of the Companies (Court) Rules, 1959, praying for permission of the Court to appoint the deputy Commissioner, Dharwad District, as the Independent Liquidator in place of the Divisional Commissioner, Belgaum, who had been earlier permitted to be appointed as the Liquidator of the Company in terms of the order dated 2-3-2000 passed by this Court in C. A. No. 56 of 1999. The reason attributed is that the post of Divisional Commissioner, was about to be abolished and as such in his place, the Deputy commissioner, Dharwad District, Dharwad, may be permitted to be so appointed.

(3.) C. A. No. 1795 of 2003 is filed subsequently in the very Company petition purporting to be by the very Company represented by its managing Director praying for permission of the Court to be granted in favour of the applicant to appoint Ms. R. S. Sujatha, Additional Director (Disinvestment), Department of Disinvestment, to be the Independent liquidator of the Company for the purpose of discharging her duties and functions as Liquidator under the provisions of the Companies Act, 1956 and under the supervision of the Court.