- 1 - HC-KAR NC: 2025:KHC:19183 CA No. 447 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI COMPANY APPLICATION NO. 447 OF 2023 IN COMPANY APPLICATION NO. 234 OF 2022 IN COMPANY PETITION NO.57 OF 2012 BETWEEN: OFFICIAL LIQUIDATOR OF M/S UNITED BREWERIES (HOLDINGS) LIMITED (IN LIQUIDATION) CORPORATE BHAVAN 12TH FLOOR, RAHEJA TOWERS NO 26-27, M G ROAD, BENGALURU 560001 …APPLICANT (BY SRI. ALLAH BAKASH M., ADVOCATE) AND: 1. M/S SUBLIME UNIT No. SF 2 KIOSK, SECOND FLOOR LEVEL CANBERRA BLOCK UB CITY No.24, VITTAL MALLYA ROAD BENGALURU 560001 ALSO AT R-1, M/S SUBLIME UNIT NO 801, EIGHT FLOOR LEVEL SKYBRIDGE, SPACE CONNECTING CONCRODE AND CANBERRA BLOCK UB CITY, NO 24 VITTAL MALLYA ROAD, BENGALURU 560001 REP. BY ITS AUTHORIZED SIGNATORY MR. MOHAMMED ZAID Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19183 CA No. 447 of 2023 2. PRESTIGE ESTATES PROJECTS LIMITED REP. BY ITS DIRECTOR MRS. UZMA IRFAN, PRESTIGE FALCON TOWERS 19, BRUNTON ROAD CRAIG PARK LAYOUT VICTORIA LAYOUT BENGALURU 560025 …RESPONDENTS (BY Ms. KRITHIKA RAGHAVAN, ADVOCATE FOR OL) THIS COMPANY APPLICATION IS FILED UNDER RULE 6 & 9 OF THE COMPANIES (COURT) RULES, 1959, PRAYING TO DIRECT THE APPELLANT TO CONSIDER WAIVER OF RENT DURING THE COVID-19 LOCKDOWN AND RESTRICTION PERIOD A SUM OF Rs.1,96,858/- AS THERE WAS NOT BUSINESS ACTIVITIES DURING THE COVID-19 LOCKDOWN AND RESTRICTION PERIOD IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPLICATION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL ORDER Respondent No.1 filed an application in CA No.447/2023 to direct the applicant to consider waiver of rent during the COVID-19 lockdown and the restriction period, as there were no business activities during the COVID -19 lockdown and the restriction period. - 3 - HC-KAR NC: 2025:KHC:19183 CA No. 447 of 2023 2. In support of an application, Authorised officer of respondent No.1, filed an affidavit stating that this court in CA No.153/2021 filed by the applicant, seeking arrears of rent in the COVID -19 period was considered the waiver and was ordered that during the COVID lockdown from 25.03.2020 to 31.5.2020 there should be 100% waiver and during the covid-19 restriction period, 50% of waiver of rent. Hence, pray to pass a similar order in this application. 3. Heard the arguments of the learned counsel for the respondent No.1 and the learned counsel for the official liquidator, Ms. Krithika Raghavan, and perused the records. 4. This court in CA No.165/2021 in COP No.57/2012 passed an order to revoke 100% of rentals payable by the respondent for the period of 1.04.2020 to 7.06.2020, when there was a complete lockdown and the respondent could not operate its business is waived, and 50% of the rentals for the period of 01.05.2021 to - 4 - HC-KAR NC: 2025:KHC:19183 CA No. 447 of 2023 30.06.2021, when there was a lockdown, but the respondent was allowed to operate its business is waived. The respondent No.1 is entitled to the similar benefit. 5. In view of the above, I proceed to pass the following: ORDER i. C.A.No.447/2023 is allowed. ii. The 100% rental payable by the respondent No.1 for the period from 01.04.2020 to 7.06.2020, when there was a complete lockdown and the respondent could not operate its business, is waived, and 50% of the rental value for the period of 01.05.2021 to 30.06.2021, when there was a lockdown but the respondent was allowed to operate its business is waived. Sd/- (ASHOK S.KINAGI) JUDGE SKS