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2025 DAILYLAW 22301 (KAR)

MRS. MAGAN KANWAR v. M/S KIRLOSKAR INVESTMENTS AND FINANCE LIMITED (IN LIQUIDATION)

CA/70/2024 · 2025-07-03

Ashok S Kinagi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24258 CA No. 70 OF 2024, CA No.71 OF 2024 & CA No.72 OF 2024 IN CA No.164 OF 2021 IN COP No.2 OF 2000 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CA NO. 71 OF 2024 & CA NO. 72 OF 2024 IN COMPANY APPLICATION NO. 164 OF 2021 IN COMPANY PETITION No.2 OF 2000 BETWEEN: MRS. MAGAN KANWAR W/O LATE MR DASHRATH SINGH SHEKHAWAT AGED ABOUT 58 YEARS, RESIDING AT NO B-5, BRINDAVAN APARTMENTS, HOSUR ROAD, ADUGODI, BENGALURU 560030 …COMMON APPLICANT (BY SRI. KARAN JOSEPH, ADVOCATE) AND: M/S KIRLOSKAR INVESTMENTS AND FINANCE LIMITED (IN LIQUIDATION) REGISTERED OFFICE AT 2ND FLOOR, C BLOCK, UNITY BUILDING, JC ROAD, BENGALURU 560001 REPRESENTED BY THE OFFICIAL LIQUIDATOR ATTACHED TO THE HIGH COURT OF KARNATAKA, CORPORATE BHAVAN, 26-27, 12TH FLOOR, RAJEJA TOWERS, MG ROAD, BENGALURU 560001 …COMMON RESPONDENT (BY SMT./MISS KRUTHIKA RAGHAVAN, ADVOCATE FOR OL) COMPANY APPLICATION NO. 70 OF 2024 , Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24258 CA No. 70 OF 2024, CA No.71 OF 2024 & CA No.72 OF 2024 IN CA No.164 OF 2021 IN COP No.2 OF 2000 COMPANY APPLICATION No.70 OF 2024 IS FILED UNDER ORDER XXII, RULE 4 OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH RULES 6 & 9 OF THE COMPANIES (COURT) RULES, 1959, PRAYING TO BRING THE LEGAL REPRESENTATIVES OF THE DECEASED APPLICANT ON RECORD IN CA No.164/2021. COMPANY APPLICATION No.71 OF 2024 IS FILED UNDER ORDER XXII, RULE 9(2)OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH RULES 6 & 9 OF THE COMPANIES (COURT) RULES, 1959 AND SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO SET ASIDE THE ABATEMENT IN RESPECT OF DECEASED APPLICANT IN CA 164/2021. COMPANY APPLICATION No.72 OF 2024 IS FILED UNDER SECTION 5 OF THE LIMITATION ACT, 1963 READ WITH RULES 6 & 9 OF THE COMPANIES (COURT) RULES, 1959 AND SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO CONDONE THE DELAY OF 344 DAYS IN PREFERRING AN APPLICATION TO BRING THE LEGAL HEIRS ON RECORD IN CA No164/2021. THESE APPLICATIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:24258 CA No. 70 OF 2024, CA No.71 OF 2024 & CA No.72 OF 2024 IN CA No.164 OF 2021 IN COP No.2 OF 2000 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER In C.A.No.71/2021: The proposed legal representatives of the deceased applicant filed application C.A.No.71/2024 for setting aside abatement. Learned counsel for the official liquidator submits no objection to allow the application. Accepting the reasons, assigned in the affidavit accompanying the application, C.A.No.71/2024 is allowed. Accordingly, Abatement is set aside. In C.A.No.72/2024: The applicant filed application for condonation of delay of 344 days in filing LR application to bring the legal representatives of the deceased applicant in C.A.No.164/2021. - 4 - HC-KAR NC: 2025:KHC:24258 CA No. 70 OF 2024, CA No.71 OF 2024 & CA No.72 OF 2024 IN CA No.164 OF 2021 IN COP No.2 OF 2000 Learned counsel for the respondent – official liquidator submits no objection to condone the delay in filing LR application. Accepting the reasons assigned in the affidavit accompanying the application, C.A.No.72/2024 is allowed. Accordingly, delay of 344 days is condoned in filing the LR application. In C.A.No.70/2024: The Proposed legal representatives of the deceased applicant filed an application stating that the applicant died on 25.01.2023, leaving behind the proposed applicants as legal heirs. Learned counsel for the official liquidator submits no objection to allow the application. Accepting the reasons, assigned in the affidavit accompanying the application, C.A.No.70/2024 is allowed. - 5 - HC-KAR NC: 2025:KHC:24258 CA No. 70 OF 2024, CA No.71 OF 2024 & CA No.72 OF 2024 IN CA No.164 OF 2021 IN COP No.2 OF 2000 The proposed legal representatives of the deceased applicant in C.A.No.164/2021 are permitted to come on record as applicants No.1(a) and 1(b). The applicants are permitted to carry out the necessary amendment in the cause-title and furnish an amended cause-title. Sd/- (ASHOK S.KINAGI) JUDGE SKS