OFFICIAL LIQUIDATOR OF UNITED BREWERIES (HOLDINGS) LIMITED (IN LIQUIDATION) v. M/S.MGA LIFESTYLE PVT LTD
CA/234/2020 · 2025-02-06
Lalitha Kanneganti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23499 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23499 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5393 CA No. 234 of 2020 IN COP No. 57 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI COMPANY APPLICATION NO. 234 OF 2020 IN COMPANY PETITION NO. 57 OF 2012 BETWEEN:
OFFICIAL LIQUIDATOR OF UNITED BREWERIES (HOLDINGS) LIMITED (IN LIQUIDATION) CORPORATE BHAVAN, 12TH FLOOR, RAHEJA TOWERS, NO.26-27, M.G. ROAD BENGALURU-560 001 …APPLICANT (BY MS.KRUTHIKA RAGHAVAN, OL)
AND:
1.
M/S MGA LIFESTYLE PVT. LTD., 1ST FLOOR, THE UB CITY BANGALORE-560 001
2.
PRESTIGE ESTATE PROJECTS LTD., PRESTIGE FALCON TOWERS, 19, BRUNTON ROAD, BENGALURU - 560 025 REPRESENTED BY IT'S DIRECTOR MR.UZMA IRFAN.
…RESPONDENTS (BY SRI.H.B.RUDRESH, ADVOCATE FOR R1 SRI.B.N.PRAKASH, ADVOCATE FOR R2)
THIS APPLICATION IS FILED UNDER SECTION 446 (2) (b) OF THE COMPANIES ACT, 1956 AND READ WITH RULE 9 OF THE
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:5393 CA No. 234 of 2020 IN COP No. 57 of 2012
COMPANIES (COURT) RULES, 1959, PRAYING TO DIRECT THE RESPONDENT/FORMER LICENSEE COMPANY TO APPAY TO THE APPLICANT/ OFFICIAL LIQUIDATOR A SUM OF RS.26,12,874/- (TWENTY SIX LAKHS TWELVE THOUSAND EIGHT HUNDRED SEVENTY FOUR RUPEES ONLY) AS CALCULATED IN PARA NO.9 ALONG WITH 18% P.A. INTEREST TO TILL THE DATE OF PAYMENT FORTHWITH.
THIS APPLICATION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER There was no representation on behalf of the respondents on 16.01.2021,
11.02.2021. On 27.05.2021 and on 19.04.2023, learned counsel for respondent had represented before this Court. Then again on 30.01.2025, there was no representation on behalf of the respondent and hence the matter was directed to be listed today. Even today, there is no representation on behalf of the respondent.
2.
Learned counsel Sri. H.B. Rudresh has filed vakalath for respondent No.1. and when the application was filed way back in the year 2021, it appears that the respondent for the best reasons known to him, are not appearing before the Court. This Court had perused the application filed by the Official Liquidator and as per the memo of calculation filed by the Official Liquidator with waiver the amount is Rs.6,16,661/-
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NC: 2025:KHC:5393 CA No. 234 of 2020 IN COP No. 57 of 2012
and without waiver the amount is Rs.10,02,881/-. Neither there is representation on behalf of the respondent nor he has sought for any wavier from this Court. In some of the cases, considering their respective pleas, this Court had granted waiver. Hence, this Court is not inclined to grant wavier to the respondent and this Court is passing the following:
ORDER i. Accordingly, the C.A.No.234/2020 is allowed directing the respondent to pay the outstanding amount of Rs.10,02,881/-.
SD/- (LALITHA KANNEGANTI) JUDGE
BN List No.: 1 Sl No.: 14