Andhra Pradesh Court April 2005 Judgments
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Shapoorji Pallonji Finance Ltd. Vs. Shree Rayalaseema Alkalies and All ...
Court: Andhra Pradesh
Decided on: Apr-20-2005
Reported in: 2005(4)ALD403; [2005]127CompCas526(AP); [2006]70SCL380(AP)
ORDERS. Ananda Reddy, J.1. This company petition is filed under Sections 433(e) and (f), 434(1)(a), and 439(1)(B) and (C) of the Companies Act, 1956, read with Rules 95 of the Companies (Court) Rules, 1959, seeking for an order of winding up of the respondent Company on the ground that the respondent Company owes certain amounts to the petitioner and is unable to pay the same in spite of receipt of a statutory notice issued . by the petitioner-Company.2. The petitioner-M/s. Shapoorji Pallonji Finance Limited is a Company incorporated under the Companies Act, 1956 (hereinafter referred to as 'the Act') with its registered office at 70, Nagindas Master Road, Fort, Mumbai - 400023. The respondent-M/s. Shree Rayalaseema Alkalies and Allied Chemicals Ltd., is also a Company registered under the Act and originally incorporated on 24.6.1981 as a public limited Company with registered office at Gondiparla, Kurnool-518004. The respondent Company is limited by shares and the authorized share cap...
Jumgo Cotton Enterprises Vs. Rayalaseema Mills Ltd.
Court: Andhra Pradesh
Decided on: Apr-20-2005
Reported in: 2005(4)ALD737; 2005(5)ALT88; II(2006)BC260; [2005]127CompCas199(AP); (2005)6CompLJ355(AP); [2006]68SCL448(AP)
ORDERS. Ananda Reddy, J.1. By this petition under Sections 433(e), 434(1)(a) and 439(1)(b) of the Companies Act, 1956 (for brevity 'the Act') the petitioner is seeking an order of winding up of the respondent company on the ground that the respondent company is unable to pay of its debts.2. It is stated that the petitioner is a Partnership Firm in the name and style of 'M/s. Jumgo Cotton Enterprises', incorporated under the provisions of Indian Partnership Act with its office at 416, Navketan Building 62, S.D. Road, Secunderabad. The petitioner was engaged in the business of Ready Cotton Bales, Yarn and other related goods and conversion of cotton to yarn etc. It is stated that M/s. The Rayalaseema Mills Limited, the respondent herein was incorporated under the provisions of the Companies Act, with its registered office and the factory at Rayanagar, Adoni, Kurnool District, Andhra Pradesh. The respondent company had its issued, subscribed and paid up capital of Rs. 39,71,200/- divided ...
Kasinath Patel Vs. Radha Bai and ors.
Court: Andhra Pradesh
Decided on: Apr-20-2005
Reported in: 2005(4)ALD859; 2005(4)ALT740
N.V. Ramana, J.1. The appellant, assailing the judgment and decree dated 14.11.1994 passed by the Subordinate Judge, Bodhan, Nizamabad District, dismissing the suit O.S. No. 35 of 1985, filed by him for specific performance of agreement of sale dated 5-5-1983, filed the present appeal.2. The appellant is the plaintiff and the respondents are the defendants. For the sake of expediency, the parties are referred to as arrayed in the suit.3. The brief case of the plaintiff, as pleaded by him in the plaint and the amended plaint is that - plaintiff claims that defendant No. 1 agreed to sell him an extent of Ac. 10-34 guntas in Sy. No. 47 and Ac. 11-00 in Sy. No. 135 of Kandharpalli Village of Madnoor Taluk, for a sale consideration of Rs. 48,000/-, and accordingly defendant No. 1 executed an agreement of sale dated 5-5-1983 in his favour, and pursuant thereto, he having paid an amount of Rs. 12,005/-, claims that defendant No. 1 had also put him in possession of the said lands. Thereafter, ...
K.C.P. Ltd. Vs. Prudential Sugar Corporation Ltd.
Court: Andhra Pradesh
Decided on: Apr-20-2005
Reported in: [2005]127CompCas66(AP); [2006]68SCL353(AP)
S. Ananda Reddy, J.1. This company petition is filed by the petitioner-company under Section 433(e), (f), read with Sections 434 and 439(1)(b) of the Companies Act, 1956 (for brevity 'the Act'), praying the following reliefs :(a) to appoint a provisional liquidator during the pendency of the winding up petition ;(b) to wind up the respondent-company under the provisions of the Companies Act, 1956 ;(c) award costs ; and(d) pass such other order or orders as this hon'ble court deems fit and proper in the interests of justice.2. It is stated that the petitioner is a public limited company and is carrying on the business of manufacture, among others, of sugar machinery, equipment and also in providing technology for the manufacture of sugar. The petitioner is one of the leading companies in India undertaking such projects for sugar factories in the country and abroad. It also stated that the petitioner has developed considerable reputation and has a large and versatile engineering unit at ...
Bitragunta Srinivasulu Reddy Vs. Depot Manager, Apsrtc and ors.
Court: Andhra Pradesh
Decided on: Apr-20-2005
Reported in: 2005(5)ALD95
Elipe Dharma Rao, J.1. Aggrieved of the judgment and decree dated 25.6.2004 passed in A.S. No. 1 of 2004 by the learned Senior Civil Judge, Kavali, confirming the judgment and decree dated 19.12.2003 passed in O.S. No. 423 of 2003 by the learned Principal Junior Civil Judge, Kavali, dismissing the suit, the plaintiff preferred this second appeal.2. In a narrow compass, the case of the plaintiff - appellant, is that he was recruited as Driver in the year 1991 and that he was one of the Union Members at Kavali APSRTC Employees Union. While so, the plaintiff received an unsigned pending enquiry suspension Order No. 01/114(12)/03 KVL dated 20.5.2003 levelling three allegations that he has not constructed house even though obtained House Loan of Rs. 1,48,000/- from the defendants -respondents, gave false declaration that he got family planning incentive by producing false certificate and that he collected illegal gratification of Rs. 600/- from each employee promising them that he would get...
Thummala Pradeep Reddy Vs. Registrar of Companies and ors.
Court: Andhra Pradesh
Decided on: Apr-20-2005
Reported in: 2005(2)ALD(Cri)41; [2007]135CompCas586(AP); [2007]75SCL447(AP)
G. Rohini, J.1. This writ petition is filed seeking a declaration that the alleged action of respondents Nos. 2 to 4 in falsely implicating the petitioner in criminal cases which were filed against Harsha Leafin Commercial Ltd., Warangal, as arbitrary and illegal and consequently to quash the proceedings in FIR No. 95 of 2004 on the file of Kothagudem III town Police Station, Khammam district.2. It is stated that the petitioner along with some others established a company by name Harsha Leafin Commercial Ltd., which was incorporated under the Companies Act, 1956, and a certificate of commencement of business was issued by the Registrar of Companies in the year 1996. The main objects of the company was to carry on the business of financiers, to receive money on deposit at interest or otherwise for fixed periods and to lend money on any terms that may be thought fit to any person, firm, company, etc. The petitioner was one of the directors of the said company. However, due to personal re...
K. Gnaseshwar Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Apr-19-2005
Reported in: 2005(3)ALD693; 2005(4)ALT130
ORDERC.Y. Somayajulu, J.1. This petition is filed questioning the proceedings No. D1/8670/93 dated 30.1.1995 issued by the District Revenue Officer, Ranga Reddy District (4th respondent) ordering rectification of an alleged survey error that took place in respect of Acs.28-18gts in S.Nos.119 and 122 (old) corresponding to S.No. 27 (New) of Khajaguda Village in Serilingampally Mandal on an application filed by Salabathkhan and Ors. under Section 87 of the A.P. (Telangana Area) Land Revenue Act, 1317 F (the Act).2. The case of the petitioner is that he and 23 others are in possession and enjoyment of Acs.27-18gts of agricultural land in S.No. 27 (New) corresponding to S.Nos.119 and 122 (old) of Khajaguda Village and when the partners of M/s. Shalivahana Builders, Mahendra Hills, Secunderabad, interfered with their possession and enjoyment of the said land, they filed O.S.No. 17 of 1999 in the Court of the Principal Junior Civil Judge, Saroornagar, Rangareddy District, against M/s. Shaliv...
K. Gangadhara Srinath Vs. Dr. K. Babu Venu Gopal and ors.
Court: Andhra Pradesh
Decided on: Apr-19-2005
Reported in: 2005(4)ALD15; 2005(4)ALT2
B. Prakash Rao, J 1. Heard Sri. S. Agasthya Sharma, the learned Counsel appearing for the appellant and Sri M.V.S. Suresh Kumar, the learned Counsel appearing for the respondents.2. This appeal is at the instance of the contesting first respondent in the Court below filed against the judgment dated 10-11-1997 in O.P.No.241 of 1993, on the file of the II Additional Chief Judge, City Civil Court, Hyderabad allowing the application filed by the Respondents 1 and 2 herein under Section 372 of the Indian Succession Act seeking for grant of succession certificate in respect of the amounts shown in the application.3. The facts of the case are that one Sri K. Veeraiah, who is the father of the petitioners in the Court below, was an employee working as Supervisor in the Postal and Telegraphic Department, deposited various amounts with the third respondent herein which is a Chit Fund Company and which was to be refunded with interest at 15% p.a. As per the said deposits, they would mature from 1...
Manne Prasad Vs. Election Officer and ors.
Court: Andhra Pradesh
Decided on: Apr-19-2005
Reported in: 2005(4)ALD181
ORDERC.Y. Somayajulu, J.1. This petition is filed questioning the order of the Election Tribunal (Junior Civil Judge, Dhone) in Election O.P. No. 6 of 2001.2. For the elections held to the post of Sarpanch, Grampanchayat of R.S. Rangapuram Village, 3rd respondent, Mannan Nagaseshudu and others filed nominations and contested the election, Mannan Nagaseshudu was declared elected as Sarpanch in that election. Questioning the election of the said M. Nagaseshudu, third respondent filed the above election petition on the ground that Nagaseshudu is disqualified to hold the post of Sarpanch as he has more than two children and for the malpractices alleged against him. Though Nagaseshudu died after filing of the election petition, without considering the question whether the cause of action survived or not and without bringing on record any of the representative of Nagaseshudu on record, the Tribunal proceeded with the trial of the election petition and recorded the evidence adduced by the 3rd...
Shaik Fathima Bi Vs. Shaik Nanne Saheb (Died) by Lrs.
Court: Andhra Pradesh
Decided on: Apr-15-2005
Reported in: 2005(4)ALD164; 2005(4)ALT269
P.S. Narayana, J.1. Heard Sri Narayana the learned Counsel representing Sri M. Ravindranath Reddy, Counsel for the appellant and Sri M.P. Chandra Mouli, Counsel representing the 2nd respondent.2. Shaik Fathima Bi, the plaintiff in O.S.No. 45/85 on the file of District Munsif, Gudur, being aggrieved of the reversal of the said judgment and decree made in A.S.No. 18/93 on the file of Principal Subordinate Judge, Gudur had preferred the present second appeal. The defendant in the suit, Shaik Nanne Saheb, died during pendency of A.S.No. 18/93 and the legal representatives of the deceased 1st appellant therein in A.S.No. 18/93 were brought on record in I.A.No. 113/90 dated 6-4-1993. It would be appropriate to make a mention here itself that as against Respondents 3 and 4, the legal representatives of Shaik Nanne Saheb, the second appeal was dismissed for default and the other legal representative Shaik Najeer Ahmed, 2nd respondent in the second appeal alone is on record at present. The Coun...
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