- 1 - HC-KAR NC: 2025:KHC:41546 CA No. 424 of 2024 IN COP No.17 of 2012 C/W COP No.18 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA COMPANY APPLICATION NO. 424 OF 2024 IN COMPANY PETITION NO.17 OF 2012 C/W COMPANY PETITION NO.18 OF 2012 BETWEEN: HANESBRANDS APPAREL INDIA PRIVATE LIMITED NO.201 PRESTIGE SIGMA NO.3, VITTAL MALLYA ROAD BENGALURU-560001 …APPLICANT (BY SRI. UDAY SHANKAR R MANJESHWAR, ADVOCATE A/W SMT NIYATHI M, ADVOCATE) AND: 1. NIL NIL …RESPONDENT (BY SRI. MILIND DANGE, AGA) THIS COMPANY APPLICATION IS FILED UNDER SECTION 394 OF THE COMPANIES ACT, 1956 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO RECALL ITS ORDER DATED 13.12.2023 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 C.M. POONACHA Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41546 CA No. 424 of 2024 IN COP No.17 of 2012 C/W COP No.18 of 2012 ORAL ORDER The present application is filed to recall the order dated 13.12.2023. 2. It is forthcoming that this Court vide order dated 13.12.2023 recalled the order dated 13.9.2012 sanctioning the scheme of amalgamation due to the applicant/petitioner not filing the schedule of assets pursuant to the said order dated 13.9.2012. 3. During the pendency of the present application, pursuant to the order dated 12.6.2025 the applicant has filed the schedule of assets on 26.6.2025 together with quantification of stamp duty and the stamp duty in a sum of `2,63,000/- has also been remitted by the applicant. A copy of the challan indicating the payment of stamp duty has been annexed along with the memo filed on 22.8.2025. 4. Vide the order dated 18.9.2025, the learned Additional Government Advocate was afforded an opportunity to secure instructions and file the response of the State to the schedule of assets filed on 26.6.2025 and the quantification of - 3 - HC-KAR NC: 2025:KHC:41546 CA No. 424 of 2024 IN COP No.17 of 2012 C/W COP No.18 of 2012 stamp duty. Learned Additional Government Advocate seeks for a further accommodation to file response of the State. 5. In view of the fact that the applicant/petitioner has filed the schedule of assets and also remitted the stamp duty as assessed/quantified by it, it is just and proper that the relief sought in the present application be granted, notwithstanding affording another opportunity to the State to file its response to the schedule of assets. 6. In view of the aforementioned, the present application is allowed and the order dated 13.12.2023, whereunder the order dated 13.9.2012 (passed in COP No.18/2012 c/w COP No.17/2012) allowing the company petition/s and sanctioning the scheme of amalgamation was recalled, is hereby recalled. Sd/- (C.M. POONACHA) JUDGE ND