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MR SHANKAR SELVARAJ v. M/S DREAMZ INFRA INDIA PVT LTD

Karnataka High Court
Sep 14, 2017

AGAINST THE RESPONDENT COMPANY DREAMZ INFRA INDIA LIMITED ETC. IN C.A.NO.34/2017 BETWEEN: MRS. DISHA CHOUDHARY, R/AT:NO.2C, WINDERE MERE APARTMENTS, OSHIWARA, ANDHERI WEST, MUMBAI-400 053. APPLICANT (BY SRI KALYAN BASAVARAJ & SRI M.JAGADEESH, ADVs.) IN C.A.NO.105/2017 BETWEEN: SRI SUJITH SUDHARKARAN S/O M.K.SUDHAKAR AGED ABOUT 32 YEARS R/AT:ASTRO GREEN PARK REGENCY NO.G.P.210, KASABANAHALLI NEAR AMRUTHA COLLEGE, SARJAPURA ROAD, BENGALURU-560 035. APPLICANT (BY SRI J. PRASHANTH, ADV.) IN C.A.NOS.34/2017 & 105/2017 AND:

1. MR.SHANKAR SELVARAJ S/O V. SELVARAJ AGED ABOUT 37 YEARS R/AT:NO.19, OPERA BLOCK Date of order :14.09.2017 in Co.p.No.194/2016 A/w CA Nos.34/2017 & 105/2017 Mr.Shankar Selvaraj vs. M/s.Dreamz Infra India Pvt. Ltd. SLS SYMPHONY, 2ND CROSS BHUVANESHWARINAGAR HEBBAL, BENGALURU-560 024.

2. M/S. DREAMZ INFRA INDIA PVT. LTD. DULY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1961 AND HAVING ITS REGISTERED ADDRESS AT: #577/B, 2ND FLOOR, OUTER RING ROAD TEACHERS COLONY, KORAMANGALA, NEAR SILK BOARD, BENGALURU-560 034 REP. BY ITS M.D. Ms.DISHA CHOUDHARY. RESPONDENTS (COMMON) (BY SRI KIRAN MURGOD, ADV., FOR SRI. KIRAN N. MURTHY, ADV.) C.A.NO.34/2017 IS FILED UNDER SECTION 70(2) OF THE CODE OF CRIMINAL PROCEDURE FOR RECALL AND CANCEL THE WARRANT ISSUED AGAINST THE MANAGING DIRECTOR OF THE RESPONDENT-COMPANY. C.A.NO.105/2017 IS FILED UNDER SECTION 70(2) OF THE CODE OF CRIMINAL PROCEDURE TO RECALL THE BAILABLE WARRANT ISSUED ON 05.01.2017, 19.01.2017 AND 09.02.2017. CO.P.NO.194/2016 A/W C.A.NOS.34/2017 AND 105/2017 COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: Date of order :14.09.2017 in Co.p.No.194/2016 A/w CA Nos.34/2017 & 105/2017 Mr.Shankar Selvaraj vs. M/s.Dreamz Infra India Pvt. Ltd. ORDER IN CO.P.NO.194/2016 SRI KIRAN MUGOD, ADV. FOR SRI KIRAN N.MURTHY, ADV. FOR PETITIONER SRI MARUTHI S.H. ADV. FOR DIRECTOR) SRI PRADEEP SINGH, ADV. FOR RESPONDENT IN C.A.NO.34/2017 SRI S.KALYAN BASAVARJ & SRI M.JAGADEESH FOR APPLICANT SRI KIRAN MURGOD, ADV. FOR SRI KIRAN N. MURTHY, ADV FOR RESPONDENTS IN C.A.NO.105/2017 SRI J. PRASHANTH, ADV. FOR APPLICANT SRI KIRAN MURGOD, ADV. FOR SRI KIRAN N. MURTHY, ADV FOR RESPONDENTS

1. Learned counsel for the respondent-Company has produced the Demand Drafts for a sum of Rs.3,10,000/- as undertaken before this Court on the last occasion dated 08.09.2017. The photo copies of these Demand Drafts bearing due acknowledgment from the learned for the petitioner is placed on record. Learned counsel for the petitioner has accepted the same subject to realization. Date of order :14.09.2017 in Co.p.No.194/2016 A/w CA Nos.34/2017 & 105/2017 Mr.Shankar Selvaraj vs. M/s.Dreamz Infra India Pvt. Ltd.

2. The Company petition is accordingly disposed of as the amount due to the petitioner stands paid by the respondent-Company with a liberty to the petitioner to seek recalling of this order in case Demand Drafts are not credited in the account of the petitioner for any reason. In view of the aforesaid, Company application Nos.34/2017 and 105/2017 are disposed of as infructuous. Sd/- JUDGE Sl.No.36