- 1 - HC-KAR NC: 2025:KHC:21862 CA No.21 of 2025 A/W CA No.20 of 2025 IN COP No.168 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA COMPANY APPLICATION NO. 21 OF 2025 A/W COMPANY APPLICATION NO.20 OF 2025 IN COMPANY PETITION NO.168 OF 2014 IN CA No.21/2025, CA No.20/2025 BETWEEN: DUSTERS TOTAL SOLUTIONS SERVICES PRIVATE LIMITED., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE NO. 50, ZATAKIA HOUSE, 4TH FLOOR, 100 FEET INDIRANAGAR, ROAD, BANGALORE, KARNATAKA 560 038 …COMMON APPLICANT (BY SRI. DEVAIAH I S, ADVOCATE) AND: NIL … COMMON RESPONDENT COMPANY APPLICATION No.21/2025 IS FILED UNDER SECTION 391 TO 394 OF THE COMPANIES ACT, 1956 READ WITH RULES 6 AND 9 OF THE COMPAIES (COURT) RULES, 1959 AND SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO RECALL THE ORDER DATED 13.12.2023, IN TERMS OF WHICH THE ORDER PASSED BY THIS HON’BLE COURT DATED 25.02.2015 Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21862 CA No.21 of 2025 A/W CA No.20 of 2025 IN COP No.168 of 2014 ALLOWING THE ABOVE PETITION AND SANCTIONING THE SCHEME OF AMALGAMATION HAS BEEN RECALLED, IN THE INTEREST OF JUSTICE AND EQUITY. COMPANY APPLICATION No.20/2025 IS FILED UNDER SECTION 5 OF THE LIMITATION ACT, 1963 R/W RULES 6 AND 9 OF THE COMPANY (COURT) RULES, 1959 AND WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO CONDONE THE DELAY OF 419 DAYS IN THE FILING OF THE APPLICATION SEEKING RECALL OF THE ORDER DATED 13.12.2023, IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPLICATIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL ORDER Company Application No.21/2025 is filed to recall the order dated 13.12.2025 and Company Application No.20/2025 is filed to condone the delay of 419 days in filing Company Application No.21/2025. 2. It is deposed in the affidavit accompanying the applications that pursuant to the order dated 25.2.2015, the petitioner/applicant filed affidavit dated 1.6.2017 along with schedule of assets under Form No.42 of the Company (Court) Rules, 1959 and that the State has filed a Valuation Report dated 17.12.2018, wherein it is placed on record that the Stamp Duty payable by the petitioner/applicant consequent to - 3 - HC-KAR NC: 2025:KHC:21862 CA No.21 of 2025 A/W CA No.20 of 2025 IN COP No.168 of 2014 the order dated 25.2.2015 is a sum of `2,63,695/-. However, due to various reasons that are set out in the affidavits, it is deposed that the applicant did not have knowledge of the Stamp Duty that is required to be paid and hence, the same was not paid. That consequent to the communication dated 25.9.2024 received from the Registrar of Companies with regard to the order dated 25.2.2015 having been recalled pursuant to the order dated 13.12.2023 passed by this Court, the applicant/petitioner has taken necessary steps to ascertain the correct position of the matter and filed the above applications. 3. It is forthcoming that the affidavit under Form No.42 was filed by the petitioner/applicant on 1.6.2017. Further, the petitioner/applicant, pending consideration of the applications has paid the Stamp duty of `2,63,695/- on 18.6.2025. 4. In view of the same, having regard to the averments made in the affidavits accompanying the applications, the delay of 419 days in filing Company Application No.21/2025 is condoned and the order dated 13.12.2023 is recalled. Accordingly, Company Application - 4 - HC-KAR NC: 2025:KHC:21862 CA No.21 of 2025 A/W CA No.20 of 2025 IN COP No.168 of 2014 Nos.20 and 21 of 2025 are allowed. The order of amalgamation dated 25.2.2015 passed by this Court is restored. SD/- (C.M. POONACHA) JUDGE ND List No.: Sl No.: