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2025 DAILYLAW 29648 (KAR)

AIRPORTS AUTHORITY OF INDIA v. THE OFFICIAL LIQUIDATOR

CA/354/2022 · 2025-04-03

M I Arun

body2025

Judgment text

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- 1 - NC: 2025:KHC:14072 CA No. 354 of 2022 IN COP No.214 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN COMPANY APPLICATION NO. 354 OF 2022 IN COMPANY PETITION NO.214 OF 2012 BETWEEN: 1. AIRPORTS AUTHORITY OF INDIA A STATUTORY CORPORATION UNDER SECTION 3 OF AIRPORTS AUTHORITY OF INDIA ACT, 1994, HAVING ITS HEAD OFFICE AT RAJIV GANDHI BHAVAN SAFDARJUNG AIRPORT, NEW DELHI-110 003 AND REPRESENTED HEREIN BY ITS JOINT GENERAL MANAGER (FINANCE) MR.NAGARAJAN GANESAN. …APPLICANT (BY SRI. SREENATH V.K., ADVOCATE) AND: 1. THE OFFICIAL LIQUIDATOR HIGH COURT OF KARNATAKA, CORPORATE BHAVAN, NO.26-27 12TH FLOOR, RAHEJA TOWERS M.G.ROAD, BANGALORE-560 001. …RESPONDENT (BY MISS KRUTIKA RAGHAVAN, ADVOCATE FOR OL) Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14072 CA No. 354 of 2022 IN COP No.214 of 2012 THIS COMPANY APPLICATION IS FILED UNDER RULES 6 AND 9 OF THE COMPANIES (COURT) RULES, 1959 PRAYING TO JUDGE'S SUMMONS MAY BE ISSUED TO THE RESPONDENT AND ANNEXURE D ORDER MAY BE REVERSED IN SO FAR AS REJECTION OF CLAIM OF THE APPLICANT TO AN EXTENT OF RS.261,50,79,486/- AND MAY ORDER FOR ADMISSION OF ENTIRE CLAIM OF THE APPLICANT IN A SUM OF RS.380,51,00,000/-. THIS APPLICATION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER The claim was made by the applicant Airports Authority of India against M/s Kingfisher Airlines Limited which is under liquidation for a sum of Rs.380,51,00,000/-. The official liquidator has admitted an amount of Rs.119,00,20,514/- and has rejected the claim of Rs.261,50,79,486/-. Aggrieved by the same, present company application has been filed with a prayer to reverse the rejection of claim as per the impugned order. 2. When the matter came up for hearing today, learned advocate for the official liquidator/respondent submits that there are allegations about fair opportunity not being given to the applicant before official liquidator to establish its claim - 3 - NC: 2025:KHC:14072 CA No. 354 of 2022 IN COP No.214 of 2012 and it is prayed that the impugned order be set aside insofar as it relates to rejection of the claim of the applicant is concerned and the matter be remanded back to respondent for fresh consideration in accordance with law. 3. The applicant has no objection for the same. 4. Hence, the following: ORDER i. The impugned order dated 30.06.2022 (vide Annexure-D to the company application) passed by the Deputy Official Liquidator insofar as it relates to rejecting the claim of the applicant to an extent of Rs.261,50,79,486/- is concerned is set aside and the matter stands remitted back to the respondent-Official Liquidator for fresh consideration in accordance with law. ii. Company Application No.354 of 2022 is accordingly disposed of. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 22