- 1 - NC: 2025:KHC:9687 CA No. 426 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL COMPANY APPLICATION NO. 426 OF 2024 BETWEEN: MADANAPALLE SPINNING MILLS WORKERS UNION, REP BY ITS PRESIDENT, N. NANDA GOPAL, REGN NO.F-100, NETHAJI COLONY, KOTHAVARIPALLI, MADANAPALLE MANDAL, ANDHRA PRADESH - 517 325. …APPLICANT (BY SRI. NISCHAL DEV B R.,ADVOCATE) AND: 1. M/S MADANAPALLE SPINNING MILLS LTD. (IN LIQN), REP BY THE OFFICIAL LIQUIDATOR, NO.26-27, 12TH FLOOR, RAHEJA TOWERS, M G ROAD, BENGALURU - 560 001. 2. OFFICE OF THE ADDL. CENTRAL PROVIDENT FUND COMMISSIONER, ANDHRA PRADESH (VIJAYAWADA), REP BY ADDL. CENTRAL PF COMMISSIONER, D NO.26-4-16, 17, 2ND FLOOR, GNANOLIVE STREET, GANDHI NAGAR, VIJAYAWADA - 520 003. …RESPONDENTS (BY SRI. K. S. MAHADEVAN., ADVOCATE) THE COMPANY APPLICATION IS FILED UNDER RULE 9 OF THE COMPANIES (COURT) RULES, 1959, PRAYING TO ALLOW THE INSTANT APPLICATION AND DIRECT THE RESPONDENT NO.1 TO DEPOSIT THE AMOUNT OF RS.1,03,29,586/- IN RESPECT OF PF CONTRIBUTIONS OF THE ELIGIBLE WORKMEN Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9687 CA No. 426 of 2024 OF THE COMPANY (IN LIQN.) WITH THE RESPONDENT NO.2 AND FURTHER DIRECT THE RESPONDENT NO.2 TO RELEASE THE SAID PF AMOUNTS TO THE ELIGIBLE WORKMEN OF THE COMPANY IN LIQUIDATION, IN THE INTERESTS OF JUSTICE AND EQUITY. THIS COMPANY APPLICATION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER This application is filed under Rule 9 of the Companies (Court) Rules, 1959, by applicant-Madanapalle Spinning Mills Workers Union represented by its president Mr.N. Nanda Gopal, seeking following reliefs: "WHEREFORE, in light of the aforesaid, it is most respectfully prayed that this Hon'ble Court may be pleased to allow the instant Application and direct the Respondent No. 1 to deposit the amount of Rs.1,03,29,586/- in respect of PF contributions of the eligible workmen of the Company (in liqn.) with the Respondent No.2 and further direct the Respondent No.2 to release the said PF amounts to the eligible workmen of the Company in liquidation, in the interests of justice and equity." 2. This Court by order dated 12.04.2019 passed in Company Petition No.199/2010 directed the company to be wound up. It is averred that the workmen of the company in - 3 - NC: 2025:KHC:9687 CA No. 426 of 2024 liquidation learnt about the same through a paper publication that was issued on 03.05.2024, wherein it was stated that the sum of Rs.1,03,29,586/- payable to the workmen of the applicant-Union is required to be deposited before respondent No.2. Hence, seeking direction for depositing the said amount before respondent No.2, is the present application. 3. Learned counsel for the Official Liquidator on instructions submits that even according to their verification of record, the said amount is due and liable to be paid towards dues of the workers and that the said amount will be deposited into the accounts of respondent No.2. 4. Submission is taken on record. 5. Official Liquidator is permitted to deposit the said amount of Rs.1,03,29,586/-, subject to compliance of other legal requirements as expeditiously as possible. Accordingly, the company application is disposed. Sd/- (M.G.S. KAMAL) JUDGE AMA/List No.: 1 Sl No.: 30