- 1 - NC: 2025:KHC:18090 CA No. 388 of 2024 IN COP No.57 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN COMPANY APPLICATION NO. 388 OF 2024 IN COMPANY PETITION NO.57 OF 2012 BETWEEN: 1. M/S. M AND W ASSOCIATES PVT. LTD. 517, RAJ MAHAL VILAS EXTENSION SADASHIVA NAGAR BENGALURU-560 080 REPRESENTED BY BOARD OF DIRECTORS. …APPLICANT (BY SRI PRABHULING K. NAVADGI, SENIOR ADVOCATE FOR SMT. MANEESHA KONGOVI, ADVOCATE) AND: 1. OFFICIAL LIQUIDATOR LIQUIDATOR OF UNITED BREWERIES (HOLDINGS) LIMITED (IN LIQUIDATION) 'CORPORATE BHAVAN', NO.26-27 12TH FLOOR, RAHEJA TOWERS M.G. ROAD, BENGALURU-560 001. Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18090 CA No. 388 of 2024 IN COP No.57 of 2012 2. PRESTIGE ESTATES PROPERTIES LIMITED PRESTIGE FALCON TOWERS 19, BRUNTON ROAD BENGALURU-560 025. 3. FALCON PROPERTY MANAGEMENT SERVICES PRESTIGE FALCON TOWER NO.19 BRUNTON ROAD BENGALURU-560 025. RESPONDENTS (BY SMT. KRUTIKA RAGHAVAN, ADVOCATE) THIS COMPANY APPLICATION FILED UNDER SECTION 446 (2) (a) OF THE COMPANIES ACT, 1956 (SECTION 279 READ WITH SECTION 280 OF THE COMPANIES ACT, 2013) READ WITH RULES 6 AND 9 OF THE COMPANIES (COURT) RULES, 1959, PRAYING TO RESTRAIN THE RESPONDENTS FROM IN ANY MANNER INTERFERING WITH THE APPLICANT'S POSSESSION AND USAGE OF THE SCHEDULE B PROPERTY INCLUDING BY WAY RESTRAINING THEM FROM DISCONNECTING THE UTILITY SERVICES TO THE SCHEDULE B PROPERTY, TILL DISPOSAL OF C.A. NO.239/2019, ETC. THIS APPLICATION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN - 3 - NC: 2025:KHC:18090 CA No. 388 of 2024 IN COP No.57 of 2012 ORAL ORDER 1. The applicant is said to be a tenant of a retail outlet in a mall called 'UB' City in Bengaluru. The space in the mall which is leased to the applicant is said to be jointly owned by the Company in liquidation and the developer who has developed the property. The Company under winding up is said to be entitled to 55% of the rents and the developer is said to be entitled to 45% of the rents. On the ground that there are pending rental dues and to recover the same, the official liquidator has filed C.A.No.239/2019, which is pending. In the meanwhile, on the ground that the official liquidator has sought to disconnect the utility services to the leased premises and is trying to interfere in the peaceful possession of the applicant over the property, the present Company Application is filed with the following prayers: "The Applicant most humbly prays that this Hon'be Court be pleased to: a. Restrain the Respondents from in any manner interfering with the Applicant's possession and usage of the schedule B property including by way restraining them from disconnecting the utility services to - 4 - NC: 2025:KHC:18090 CA No. 388 of 2024 IN COP No.57 of 2012 the Schedule B Property, till disposal of C.A. No.239/2019; b. pass an ad-interim order in terms of prayer (a) above; and c. Pass any other orders as this Hon'ble Court may deem fit and proper in the facts of the present case and in interest of justice and equity." 2. During the course of the proceedings, the applicant claims to have paid all the pending rental dues to the official liquidator. The official liquidator admits receiving certain amounts towards the past rental dues from the applicant. But submits that the entire dues have not been paid. Further, the applicant submits that the present rent payable is Rs.5,50,000/- per month for the entire premises leased, out of which the company in liquidation is entitled for 55% of the said amounts. However, the said amount is disputed by the official liquidator. But the Official Liquidator is not in a position to state as to exactly what is the monthly dues and seeks permission to place the same on record and also submits that liberty may be reserved to the official liquidator to recover all the pending rental dues from the applicant. - 5 - NC: 2025:KHC:18090 CA No. 388 of 2024 IN COP No.57 of 2012 3. Admittedly, the applicant is a tenant in the premises. There is a dispute with regard to the rents that the applicant is liable to pay to the official liquidator. This application however, pertains only to the applicant being permitted to enjoy the property concerned without there being any disconnection of utility services. Taking the said facts into consideration, I pass the following: ORDER i. Respondent No.1 - Official Liquidator shall not disconnect the utility services to the property that has been under the occupation of the applicant. ii. The applicant shall pay the admitted rental dues i.e., 55% of Rs.5,50,000/- to the official liquidator on or before 10th of every succeeding month. iii. Liberty is granted to the official liquidator to initiate appropriate proceedings to recover any unpaid rental dues from the applicant. iv. It is needless to state that liberty is granted to the applicant and the official liquidator to negotiate - 6 - NC: 2025:KHC:18090 CA No. 388 of 2024 IN COP No.57 of 2012 for further lease of rental premises or eviction of the applicant in accordance with law. v. Company Application No.388 of 2024 is disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 2