THE PRINCIPAL SECRETARY TO GOVERNMENT v. M/S NIJINOY TRADING PVT LTD.,
OSA/21/2024 · 2025-09-23
D K Singh, Venkatesh Naik T
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41008 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41008 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:38181-DB OSA No. 21 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T ORIGINAL SIDE APPEAL NO.21 OF 2024 IN COMPANY APPLICATION NO.81 OF 2011
BETWEEN:
1.
THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE (STAMPS AND REGISTRATION) M.S. BUILDING BENGALURU-01.
2.
THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS 8TH FLOOR, KANDAYA BHAVANA K.G. ROAD BENGALURU-09.
3.
THE DISTRICT REGISTRAR (STAMPS AND REGISTRATION) DAVANAGERE DISTRICT DAVANAGERE.
…APPELLANTS (BY SMT. PRATHIBHA R.K., A.G.A.) AND:
1.
M/S. NIJINOY TRADING PVT. LTD.
NO.13, MARUTI CENTER DRIVE IN ROAD, MEMANGAR AHMEDBAD-380 013 REPRESENTED BY ITS AUTHORITY SIGNATORY SRI RAGHUBHARI PATEL.
Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:38181-DB OSA No. 21 of 2024
2.
THE OFFICIAL LIQUIDATOR OF THE MYSORE KIRLOSKAR LTD., (IN LIQN) ATTACHED TO HIGH COURT OF KARNATAKA 12TH FLOOR, RAHEJA TOWERS BENGALURU-560 001. …RESPONDENTS (BY SRI JAGAISHGOUD PATIL, ADVOCATE, FOR R-2) * * *
THIS ORIGINAL SIDE APPEAL IS FILED UNDER SECTION 483 OF THE INDIAN COMPANIES ACT, 1956, READ WITH SECTION 4 OF THE HIGH COURTS ACT AND SECTION 151 OF THE C.P.C., 1908, PRAYING TO ALLOW THE ORIGINAL SIDE APPEAL AND SET ASIDE THE ORDER DATED 11-2-2011 IN COMPANY APPLICATION NO.81 OF 2011, PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AS PER ANNEXURE-A, AND ETC.
THIS ORIGINAL SIDE APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)
The present Original Side Appeal is filed by the State Government impugning the judgment and order dated 11-2-2011 passed in Company Application No.81 of 2011 in Company Petition No.166 of 2001.
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HC-KAR NC: 2025:KHC:38181-DB OSA No. 21 of 2024
2. This appeal has been filed along with an application seeking condonation of delay of 13 years and 319 days. The Government has woken up after 14 years to see some merit to file the appeal against the impugned
judgment and order. 14 years is the time period when Lord Rama was in exile and thereafter, he returned to Ayodhya. The Government was not in exile for 14 years to seek condonation of delay of 14 years to file this appeal and only on this ground, we could have condoned the delay. As we are of the opinion that the State Government was not in exile for 14 years and that is also not the case of the appellant, therefore, we find no ground to condone such an enormous and inordinate delay for 14 years in filing the appeal. Therefore, we dismiss the present Original Side Appeal along with I.A. No.1 of 2024 filed seeking condonation of delay of 14 years in filing the appeal, however, without costs.
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HC-KAR NC: 2025:KHC:38181-DB OSA No. 21 of 2024
In view of the dismissal of the Original Side Appeal, I.A. No.2 of 2024 stands dismissed.
Sd/- (D K SINGH) JUDGE
Sd/- (VENKATESH NAIK T) JUDGE
KVK List No.: 1 Sl No.: 34