in the high court of karnataka at bangalore dated this the 18 day of ...

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SINCE DECEASED BY HER LR'S. 2(g)(1) SRI.S.V.NAGAPPA SETTY,. S/O LATE NAGARAJA SETTY,. AGED ABOUT 68 YEARS,. H/O KALAVATHI, SHREYAS,.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 18

TH

DAY OF JANUARY 2013

BEFORE THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY COMPANY APPLICATION No.81 OF 2013 IN COMPANY PETITION No.18 OF 1990 BETWEEN: 1.

M.M.ANANDARAM AGED ABOUT 63 YEARS S/O LATE M.L. MANJUNATHA SETTY R/O AT NO.3/1, M.N. KRISHNA RAO ROAD, BASAVANAGUDI, BANGALORE-560004.

2.

SRI.M.M.SAMPATH DUMAR, AGED ABOUT 61 YEARS, S/O LATE M.L. MANJUNATHA SETTY R/O NO.246, “CHANDRALAKSHMI”, 4TH MAIN ROAD, CHAMARAJPET, BANGALORE-560018.

3.

SRI.M.LACHAIAH SETTY, AGED ABOUT 56 YEARS, S/O LATE M.L. MANJUNATHA SETTY R/AT NO.16/3, M.N.KRISHNA RAO ROAD, BASAVANAGUDI, BANGALORE-560004.

4.

SRI.M.M.PANDURANGA, AGED ABOUT 48 YEARS, S/O M.L. MANJUNATHA SETTY R/O SUMADEEPA, 6TH MAIN 40TH CROSS, 8TH BLOCK,

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JAYANAGAR, BANGALORE-560041. 5.

SRI.M.M.PARTHASARATHY, AGED ABOUT 46 YEARS, S/O LATE M.L. MANJUNATHA SETTY R/AT NO.5, 4TH MAIN ROAD, CHAMARAJPET, BANGALORE.

… APPLICANTS

(BY SRI.SATISA.M.DODDAMANI, ADV.) AND: 1.

MYSORE LACHAIAH SETTY & SONS (P) LTD., WITH ITS REGISTERED OFFICE, AT NO.126/A SREEMAHAL, 10TH MAIN, 1ST BLOCK, JAYANAGAR, BANGALORE-560011. REP. BY ITS DIRECTOR-IN-CHARGE, SRI.M.L.GOPALA SETTY.

2.

SRI.M.L.KESHAVA MURTHY, AGED ABOUT 95 YEARS, S/O LATE M.LACHAIAH SETTY, NO.200, R.V.ROAD, BASAVANAGUDI, BANGALORE-560004. SINCE DECEASED BY LR’S

a)

SMT.NARASAMMA, AGED ABOUT 85 YEARS, W/O M.L.KESHAVA MURTHY, R/AT NO.200, R.V.ROAD, BASAVANAGUDI, BANGALORE-4,

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SINCE DECEASED BY LR’S (b) TO (i) (b)

SMT.LAXMIDEVAMMA, AGED ABOUT 58 YEARS, DAUGHTER- IN-LAW OF M.L.KESHAVA MURTHY AND WIDOW OF HIS PRE-DECEASED ON M.K.ANANTHARAMA SETTY.

c)

SRI.M.A.SRIDHAR, AGED ABOUT 30 YEARS, GRAND SON OF M.L.KESHAVA MURTHY AND S/O M.K.ANANTHARAMA SETTY.

d)

SMT.GIRIJA, AGED ABOUT 32 YEARS, GRAND DAUGHTER OF M.L.KESHAVA MURTHY AND D/O SRI. M.K.ANANTHARAMA SETTY.

e)

SMT.SUMA, AGED 26 YEARS, GRAND-DAUGHTER OF M.L.KESHAVA MURTHY AND D/O OF SRI.M.K.ANANTHARAMA SETTY.

(b) TO (e) ARE R/AT NO.771, 10TH MAIN JAYANAGAR, 4TH BLOCK, BANGALORE-560011. f)

SMT.KALPANA, AGED ABOUT 35 YEARS, D/O SMT.YASHODHA, PRE-DECEASED

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D/O M.L.KESHAVA MURTHY, R/AT CASTLE COFFEE WORKS, DEVARAJ URS ROAD, MYSORE. g)

SMT.KALAVATHY, AGED ABOUT 53 YEARS, D/O M.L.KESHAVA MURTHY R/AT VANI VILAS MOHALLA, MYSORE. SINCE DECEASED BY HER LR’S

2(g)(1)

SRI.S.V.NAGAPPA SETTY, S/O LATE NAGARAJA SETTY, AGED ABOUT 68 YEARS, H/O KALAVATHI, SHREYAS, NO.10/2, TEMPLE ROAD, V.V.PURAM, MYSORE-2.

2(g)(2)

SRI.N.RAVISHANKAR, S/O NAGAPPA SETTY.V S/O KALAVATHI, AGED ABOUT 32 YEARS, 10/2, TEMPLE ROAD, V.V.PURAM, MYSORE-2.

2(g)(3)

SMT.R.VEENA, W/O SRI.RAVISHANKAR, D/O KALAVATHI, NO.253, RAVEENI KHETAN, 13TH MAIN, BSK-II STAE, BANGALORE-560070.

2(g)(4)

MRS.ROOPA ANILKUMAR

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W/O SRI.T.S.ANILKUMAR, AGED ABOUT 36 YEARS, D/O KALAVATHI, NO.1179, PAYASWAMI, 35TH CROSS, 28TH MAIN, 4TH T BLOCK, JAYANAGAR, BANGALORE-560011. h)

SMT.LEELAVATHI, AGED ABOUT 50 YEARS, D/O M.L.KESHAVA MURTHY,

i)

KUM.VIJAYALAXMI, AGED ABOUT 42 YEARS, D/O M.L.KESHAVA MURTHY,

SL.NOS.(h) TO (i) ARE R/AT NO.200, R.V.ROAD, BASAVANAGUDI, BANGALORE-560004. 3.

SRI.M.L.RAMACHANDRA SETTY, AGED ABOUT 92 YEARS, S/O M.LACHIAH SETTY, R/O SHANTINIKETAN, RATNAGIRI ROAD, CHICKMAGALUR TOWN.

SINCE R3 DEAD BY LR’S a)

SMT.M.R.SUNDARAMMA, W/O LATE M.L.RAMACHANDRA SETTY, AGED ABOUT 88 YEARS, SHANTHINIKETHAN, RATHNAGIRI ROAD, CHIKMAGALUR-577101.

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b)

SRI.M.R.GURUMURTHY, S/O LATE M.L.RAMACHANDRA SETTY, AGED ABOUT 58 YEARS, COFFEE PLANTER, SPENCER ROAD, CHIKMAGALUR-577101.

c)

SRI.M.R.NAGARAJ, S/O LATE M.L.RAMACHANDRA SETTY, AGED ABPIT 54 YEARS, SPENCER ROAD, CHIKMAGALUR-577101.

d)

SRI.M.R.KRISHNAKUMAR, S/O LATE M.L.RAMACHANDRA SETTY, AGED ABOUT 50 YEARS, RAAMSHREE, NO.111/24, 7TH MAIN, 2ND BLOCK, JAYANAGAR, BANGALORE-560011.

e)

SRI.M.R.SHIVARAM, AGED 48 YEARS, 3009/1, 17TH CROSS, 2ND MAIN ROAD, 2ND STAGE, BANASHANKARI, BANGALORE-560070.

`

f)

SRI.M.R.SHANKAR, S/O LATE M.L.RAMACHANDRA SETTY, AGED ABOUT 46 YEARS, 15/3-1, PALACE ROAD, BANGALORE-560001.

g)

SMT.SUSHEELA VENKAT, D/O LATE M.L.RAMACHANDRA SETTY,

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MAJOR, 1ST FLOOR, 24TH CROSS, 5TH MAIN, B.S.K. II STAGE, BANGALORE-560070. h)

SMT.SARASWATHI, MAJOR, D/O LATE M.L.RAMACHANDRA SETTY, W/O SRI. R.VASUDEVAMURTHY, HILL VIEW, ONTIKOPPAL, MYSORE.

i)

SMT.B.A.SHAKUNTHALA, D/O LATE M.L.RAMACHANDRA SETTY, MAJOR, BHAGYALAKSHIM NIVAS, SURVEYOR STREET, BASAVANAGUDI, BANGALORE-560004.

j)

SMT.GAYATHRI KISHORE, 41 YEARS, D/O LATE M.L.GOPALASETTY, W/O S.KISHORE, 14, P 7 T COLONY, NEW SECUNDERABAD CLUB, SECUNDERABAD, A.P.

5.

SRI.M.L.VASUDEVA MURTHY, AGED ABOUT 82 YEARS, S/O M.LACHAIAH SETTY, LALITHA PRASADAM, HOSAMANE EXTENSION, CHICKMAGALUR TOWN.

6.

M.S.NIRVANASWAMY SETTY, S/O M.L.SUBBARAYA SETTY, R/AT RUKMALAYA TOWN, M.G.ROAD, CHICKMAGALUR TOWN, SINCE DECEASED BY LR’S

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a)

SMT.KANTHALAKSHAMMA, AGED ABOUT 68 YEARS, W/O LATE M.S.NIRVANASWAMY SETTY,

b)

M.N.LAKSHMINARAYANA, AGED ABOUT 48 YEARS, S/O LATE M.S.NARAYANASWAMY SETTY,

(A) AND (B) ARE RESIDING AT LAKSHMINILAYA, M.G.ROAD, CHICKMAGALUR TOWN. c)

SMT.P.G.SUNITA, W/O PAPATHI GOVINDARAJALU, NO.26, MARAWADI TEMPLE LANE, BANGALORE-560053.

7.

M.S.NARAYANAMURTHY, AGED ABOUT 63 YEARS, S/O M.L.SUBBARAYA SETTY, R/O INDIRA GANDHI ROAD, CHICKMAGALUR TOWN.

8.

M.S.SATYANARAYANA, AGED ABOUT 52 YEARS, S/O LATE M.L.SRINIVASA SETTY, NO.1007, 80 FEET ROAD, RAJAJINAGAR, BANGALORE-10.

9.

M.M.MADHAVAMURTHY, AGED ABOUT 70 YEARS, S/O M.L.MANJUNATHA SETTY, NO.512, GARUTHNAN PARK, EAST END ROAD, BASAVANAGUDI, BANGALORE-560005.

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10.

REGISTRAR OF COMPANIES, BANGALORE, AN AUTHORITY CONSTITUTED UNDER THE PROVISIONS OF THE COMPANIES ACT IN RESPECT OF THE COMPANIES ACT, REGISTERED WITHIN THE STATE OF’ KARNATAKA, WITH ITS OFFICE SITUATED AT GANDHINAGAR, BANGALORE.

11.

UNION OF INDIA, REPRESENTED BY THE COMPANY LAW BOARD, V FLOOR, A WING, SHASTRI BHAVAN, DR.RAJENDRA PRASAD ROAD, NEW DELHI.

12.

M/S GANESH & CO., A FIRM OF PARTNERSHIP, REPRESENTED BY ITS MANAGER PARTNER, SRI.M.L.VASUDEVA MURTHY, LALITHA PRASADAM, HOSAMANE EXTENSION, CHIKAMAGALUR TOWN.

13.

SRI.M.L.VASUDEVA MURTHY, S/O LATE M.LACHIAH SETTY, AGED ABOUT 78 YEARS, R/AT LALITHA PRASADAM, HOSAMANE EXTENSION, CHIKAMAGALUR TOWN, PARTNER OF THE FIRM, M/S GANESH & CO.,

14.

SRI.M.V.GANESH PRASAD, S/O M.L.VASUDEVA MURTHY,

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R/AT HOSAMANE EXTENSION, CHIKAMAGALUR TOWN, PARTNER OF M/S GANESH & CO., 15.

SRI.M.V.PARVATHAVARDHINI, W/O M.L.VASUDEVA MURTHY, 65 YEARS, R/AT LALITHA PRASADAM, HOSAMANE EXTENSION, CHIKAMAGALUR TOWN.

16.

THE MANAGER, CANARA BANK, CHIKAMAGALUR MAIN BRANCH, CHIKAMAGALUR TOWN. ...RESPONDENTS

THIS COMPANY APPLICATION IS FILED UNDER RULE ORDER V RULE 20 OF CPC TO PERMIT THE PETITIONERS TO TAKE NOTICE ON RESPONDENTS -5(2) AND 5(6) BY WAY OF PAPER PUBLICATION IN ENGLISH DAILY “VJAYA TMES”. THIS APPLICATION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING ORDER C.A.No.81/2013 filed by the learned counsel for the petitioner seeking permission to take out substitute service of notice on respondents-5(2) and 5(5) by way of paper publication.

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For the reasons stated in the affidavit filed in support of the application, C.A No. 81/2013 is allowed. Petitioner is permitted to take out paper publication in

English daily

“Vijaya Times” within two weeks fixing the date of hearing as 11/02/2013 and furnish the copy of the same.

Sd/JUDGE

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