- 1 - NC: 2025:KHC:5271 CA No. 362 of 2024 IN CA No.239 of 2019 IN COP No.57 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI BETWEEN: OFFICIAL LIQUIDATOR OF M/S. UNITED BREWERIES (HOLDINGS) LTD., (IN LIQN) CORPORATE BHAWAN, 26-27, 12TH FLOOR, RAHEJA TOWERS, M.G. ROAD, BENGALURU-560 001 …APPLICANT (BY SRI.SHRISHAIL NAVALGUND, ADVOCATE) AND: 1. M/S. M AND W ASSOCIATES PVT. LTD., EXTENSION, SADASHIVA NAGAR, BENGALURU-560 080 REPRESENTED BY BOARD OF DIRECTORS 2. PRESTIGE ESTATES AND PROJECTS LIMITED PRESTIGE FALCON TOWERS, NO. 19, BRUNTON ROAD, BENGALURU-560 025, …RESPONDENTS (BY SRI.PRABHULING NAVADGI, SR. COUNSEL A/W MS.MANEESHA KANGOVI, ADVOCATE) COMPANY APPLICATION NO. 362 OF 2024 IN COMPANY APPLICATION NO.239 OF 2019 IN COMPANY PETITION NO.57/2012 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5271 CA No. 362 of 2024 IN CA No.239 of 2019 IN COP No.57 of 2012 THIS APPLICATION FILED UNDER SECTION 60 OF THE BHARATIYA SAKSHYA ADHINIYAM, 2023 READ WITH ORDER XIII RULE 4 & 5 OF CODE OF CIVIL PROCEDURE, 1908 O/W RULE 6 & 9 OF THE COMPANIES COURT RULES, 1959, PRAYING TO DIRECT THE CPC TO MARK THE CERTIFIED COPIES OF DOCUMENTS FILED BY WAY OF MEMO TO THIS HO N’BLE COURT ON 02.01.2024 AS EXHIBITS IN AFFIDAVIT IN LIEU OF EVIDENCE FILED BY PETITIONER. THIS APPLICATION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER CA.No.362/2024 is filed by the Official Liquidator to direct the CPC to mark the certified copies of the documents filed by way of memo on 02.01.2024 as exhibits in affidavit in lieu of evidence filed by the petitioner. It is stated that the Official Liquidator has filed affidavit by way of evidence on 03.11.2023, thereafter filed a memo on 02.01.2024 enclosing the true copies of the documents as exhibits in evidence in C.A.No.239/2019. They are the certified true copy of the Addendum to sharing agreement dated 06.07.2007. Certified true copy of the Addendum letter dated 16.08.2016. It is stated that unless those two documents are taken on record, it would cause a lot of prejudice to the applicant. - 3 - NC: 2025:KHC:5271 CA No. 362 of 2024 IN CA No.239 of 2019 IN COP No.57 of 2012 2. Learned Senior Counsel appearing on behalf of the respondents submits that the said documents can be taken on record as exhibits subject to proof and relevancy. 3. Considering the submission of the Learned Senior Counsel appearing for the respondents, this Court is passing the following: ORDER i. Accordingly, C.A.No.362/2024 is allowed to mark the certified copies of documents dated 06.07.2007 and 16.08.2016 subject to proof and relevancy. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.:1 Sl No.:8