9911796707
TMI Blog2017 (3) TMI 750X X X X Extracts X X X X X X X X Extracts X X X X ..... a. PRADEEP NANDRAJOG, J. 1. The appellant is aggrieved by the fact that concerning an application for public examination of the persons named in the application the learned Single Judge has issued notice to the persons concerned applying the principle of natural justice audi alteram partem. 2. Learned counsel for the Official Liquidator does not dispute the position that the Serious Fraud Inves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny in liquidation and such other relevant information as would be helpful in the liquidation of the company. 4. We note the facts which are brought to our notice, making it clear that we are not opining on the correctness or otherwise of the said facts because the facts are very hazy and that is why public examination of the persons concerned is prayed for. 5. The case of the appellant is that o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... states that even the Official Liquidator has filed an application for public examination of Mr.Kolla Madhava Reddy. 6. We find that public examination of six persons is prayed for. Four of them appear to be the family members and relatives of Kolla Madhava Reddy. 7. Two other persons Col.M.J.Ganapathy and Mr.N.Durgaiah whose public examination is prayed for are stated to be the ex-Director of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... person who has moved the application. Needless to state that the Official Liquidator or the applicant person would have to prima facie satisfy the court with reference to objective facts that case is made out to publicly examine the person named. The said person cannot participate in said decision making process. Only if the court summons the person would the person have a right to know the mater ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his Court, a request which was vehemently opposed by Shri Rajiv Behl, learned counsel for the Official Liquidator as according to him that would defeat the purpose of a public examination. 12. We do not deal with said request and leave it open for the appellant to make it before the learned Company Judge who would decide what further course has to be chartered. 13. The appeal is disposed of in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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