- 1 - HC-KAR NC: 2025:KHC:20173 CA No. 30 of 2024 IN COP.NO.57/2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI COMPANY APPLICATION NO. 30 OF 2024 IN COMPANY PETITION NO. 57 OF 2012 BETWEEN: PRESTIGE ESTATES PROJECTS LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT PRESTIGE FALCON TOWERS, NO. 19, BRUNTON ROAD, BANGALORE - 560 025, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. T. ARVIND PAI. …APPLICANT (BY SRI. C.K. NANDAKUMAR, SR. COUNSEL FOR SRI. RAGHURAM CADAMBI, ADVOCATE) AND: UNITED BREWERIES (HOLDINGS) LIMITED (IN LIQUIDATION), REPRESENTED BY THE OFFICIAL LIQUIDATOR, "CORPORATE BHAVAN", NO 26-27, 12TH FLOOR, RAHEJA TOWERS, M.G. ROAD, BANGALORE - 560 001. …RESPONDENT (BY SRI. SHRI SHAIL NAVALGUND, ADVOCATE) THIS COMPANY APPLICATION IS FILED UNDER SECTION 476 OF THE COMPANIES ACT, 1956, R/W RULES, 1959, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20173 CA No. 30 of 2024 IN COP.NO.57/2012 PRAYING TO A) TO DIRECT THE RESPONDENT TO QUIT AND VACATE AND HAND OVER PEACEFUL POSSESSION OF THE SCHEDULE PROPERTY DESCRIBED BELOW; B) DIRECT THE RESPONDENT TO PAY THE APPLICANT A SUM OF TO RS.51,86,93,536/- (RUPEES FIFTY ONE CRORE EIGHTY SIX LAKHS NINETY THREE THOUSAND FICE HUNDRED THIRTY SIX ONLY) ALONG WITH INTEREST THEREON AT EIGHTEEN (18%) PER ANNUM, TOWARDS ARREARS OF RENT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL ORDER The applicant filed this application under Section 476 of the Companies Act, 1956, read with Rules 6 and 9 of the Companies (Court) Rules, 1959. 2. The applicant has sought the following reliefs. " A. Direct the respondent to quit and vacate and hand over peaceful possession of the schedule property described below; B. Direct the respondent to pay the applicant a sum of Rs.51,86,93,536/- (Rupees Fifty one Crore Eighty Six - 3 - HC-KAR NC: 2025:KHC:20173 CA No. 30 of 2024 IN COP.NO.57/2012 Lakhs Ninety three thousand Five hundred and Thirty Six) along with interest thereon at 18% per annum, towards arrears of rent. C. Direct the respondent to pay the applicant a sum of Rs.52,98,720/- (Rupees Fifty Two Lakhs Ninety Eight Thousand Seven Hundred and Twenty Only), being damages towards the illegal occupation of the respondent in the schedule property after termination of the tenancy, from 01.01.2024 until handover of vacant possession. D. IN THE ALTERNATIVE to prayers A to C, grant leave to the applicant to initiate suitable proceedings against the respondent, represented by the Official Liquidator, seeking the above reliefs and any other remedies available to the applicant in law; E. Grant such other and further reliefs as are just, including costs of this application." 3. Learned counsel for the applicant filed a memo on 05.04.2025 wherein it is stated that pursuant to the orders - 4 - HC-KAR NC: 2025:KHC:20173 CA No. 30 of 2024 IN COP.NO.57/2012 of this Court dated 25.04.2024 and 20.06.2024, a Learned Advocate Commissioner carried out inspection of Schedule 'A' and 'B' properties described in the application, and determined that: "i) One Mr.Samar Singh and his family were in occupation of the schedule 'A' property. ii) One Ms.Ritu Mallya and her family were in possession of the left side of the schedule 'B' property. iii) Subsequent to such inspection, the schedule properties were vacated by the occupants on 24.08.2024 (Schedule A property) and 01.08.2024 (Schedule B property). iv) As such, prayer A in the application, seeking a direction to the respondent to quit and vacate the schedule properties, would no longer survive for consideration." - 5 - HC-KAR NC: 2025:KHC:20173 CA No. 30 of 2024 IN COP.NO.57/2012 4. The applicant had already taken the possession from the Mr.Samar Singh and Ms.Ritu Mallya on 24.08.2024 (Schedule A property) and 01.08.2024 (Schedule B property). 5. The learned counsel for the applicant submits that a liberty may be reserved to the applicant to make the claim before the official liquidator regarding the arrears of rent with interest and damages. 6. The learned counsel for the official liquidator submits no objections to make the claim before the official liquidator and the official liquidator will consider the additional claim in accordance with law. 7. As the prayer 'A' has become infractuous, and in sofar as prayer 'B' and 'C' are concerned, a liberty is reserved to the applicant to approach the official liquidator within a period of one month from today. - 6 - HC-KAR NC: 2025:KHC:20173 CA No. 30 of 2024 IN COP.NO.57/2012 8. If such a claim is made by the applicant, the Official Liquidator is directed to consider the additional claim of the applicant, in accordance with law. 9. In view of the same, nothing survives for consideration in this application. Accordingly, this company application is disposed of. 10. All the contentions of the parties are kept open. Sd/- (ASHOK S.KINAGI) JUDGE RCK List No.: 1 Sl No.: 7 CT: BHK