- 1 - NC: 2025:KHC:4431 CA No. 357 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI COMPANY APPLICATION NO. 357 OF 2024 IN COMPANY PETITITON NO. 185 OF 2022 BETWEEN: M/S. UDUPA INDUSTRIES B13, ITI ANCILLARY INDUSTRIAL ESTATE, MAHADEVAPURA, BENGALURU - 560 048, REPRESENTED BY ITS PARTNER, SRI. PUNYAMURTHY MANJUNATH. …APPLICANT (BY SRI. ASHWIN KUMAR M.S, ADVOCATE) AND: THE OFFICIAL LIQUIDATOR OF M/S. B. S. REFRIGERATORS LIMITED (IN LIQUIDATION) HONBLE HIGH COURT OF KARNATAKA, 12TH FLOOR, RAHEJA TOWERS, MAHATMA GANDHI ROAD, BANGALORE - 560 001. …RESPONDENT (BY SMT. KRUTHIKA RAGHAVAN, ADVOCATE) THIS COMPANY APPLICATION IS FILED UNDER RULE 177 OF THE COMPANIES (VOURT) RULES, R/W SECTION 5 OF THE LIMITATION ACCT, 1963, PRAYING TO CONDONE THE DELAY OF 2865 DAYS IN FILING THE CLAIM BEFORE THE OFFICIAL LIQUIDATOR, ATTACHED TO THIS HON'BLE HIGH COURT AND ALLOW THIS APPLICATION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4431 CA No. 357 of 2024 THIS APPLICATION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Company Application No.357/2024 is filed to condone the delay of 2865 days in filing the claim before the Official Liquidator. It is stated that the applicant has supplied the goods and materials to the respondent's-Company. The Company is due of an amount of Rs.27,64,352/- to the applicant at the time of its winding up. It is stated that the Official Liquidator appears to have called for the creditors to prove their claim vide paper publication in 'The Times of India' and 'Vijaya Karnataka' on 28.03.2016, fixing the last date of submission of claims to the Official Liquidator as 27.04.2016, which is not within the knowledge of the applicant. He came to know about this when the Deputy Official Liquidator issued a noticed dated 12.03.2014 calling upon the applicant to submit its claims, if any, by way of an affidavit of proof and accordingly the applicant has submitted his affidavit on 01.04.2004. It is stated that the applicant came to know on 12.03.2024 when he received the notice from the Deputy Official Liquidator. In this process, the delay of 2865 days occurred. - 3 - NC: 2025:KHC:4431 CA No. 357 of 2024 The applicant has come up with this application under Rule 177 of the Companies (Court) Rules, 1959 and to condone the delay of 2865 days. The Official Liquidator submits that subject to Rule 178 of the Companies (Court) Rules, 1959, if this application is allowed, the Official Liquidator has no objection. Learned counsel appearing for the applicant also submits that his rights would be subject to Rule 178 of the Companies (Court) Rules, 1959. Accordingly, delay of 2865 days is condoned and the rights of the applicant are subject to Rule 178 of the Companies (Court) Rules. Accordingly, the Company Application is disposed of. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 47 CT: BHK