- 1 - HC-KAR NC: 2025:KHC:30229-DB OSA No. 3 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T ORIGINAL SIDE APPEAL NO.3 OF 2025 IN COMPANY PETITION NO.236 OF 2010 BETWEEN: MR. SANTOSH UMAKANT JAWADAR AGED ABOUT 55 YEARS S/O. MR. UMAKANT GANPATRAO JAWADWAR RESIDING AT NO.C-2/7, HIMALAYA PRIDE TECH ZONE IV, GREATER NOIDA GAUTAM BUDDHA NAGAR UTTAR PRADESH-201 308. …APPELLANT (BY SRI ANIRUDH SURESH, ADVOCATE) AND: OFFICIAL LIQUIDATOR OF BROADCAST INFRATEL INDIA PRIVATE LIMITED ATTACHED TO HIGH COURT OF KARNATAKA CORPORATE BHAVAN NO.26-27 12TH FLOOR, RAHEJA TOWERS M.G. ROAD BENGALURU-560 001. …RESPONDENT * * * Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30229-DB OSA No. 3 of 2025 THIS ORIGINAL SIDE APPEAL IS FILED UNDER SECTION 483 OF THE COMPANIES ACT, 1956, READ WITH SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 3-7-2025 PASSED BY THE HON'BLE HIGH COURT OF KARNATAKA IN COMPANY APPLICATION NO.39 OF 2025 FILED UNDER SECTION 434 OF THE COMPANIES ACT, 2013, IN COMPANY PETITION NO.236 OF 2010 AND BE PLEASED TO TRANSFER THE COMPANY PETITION NO.236 OF 2010 PENDING ON THE FILE OF HON'BLE HIGH COURT OF KARNATAKA TO THE HON'BLE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU, AS PER SECTION 434 OF THE COMPANIES ACT, 2013, IN THE INTEREST OF JUSTICE AND EQUITY. 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 appeal has been filed impugning the order dated 03.07.2025 passed by the learned Single Judge in Company Application No.944 of 2012 connected with Company Application No.945 of 2012 and Company Petition No.236 of 2010. 2. The order impugned reads as under: - 3 - HC-KAR NC: 2025:KHC:30229-DB OSA No. 3 of 2025 "Learned counsel for the official liquidator submits that the respondents have not furnished the documents as sought by the official liquidator. Learned counsel for the respondents undertakes to furnish the documents as sought by the learned counsel for the official liquidator. Undertaking is taken on record." 3. Learned counsel for the appellant submits that the Company Petition even at this stage after winding up can be transferred to the National Company Law Tribunal, if no irreversible steps have been taken in respect of the Company after winding up of the order has been passed. He further submits that no irreversible steps have been taken in respect of the Company by the Official Liquidator, after the order of winding up had been passed by the learned Single Judge and therefore, he has filed an application for transferring the Company Petition to the National Company Law Tribunal, Bengaluru. 4. The said application is still pending before the learned Single Judge for consideration. - 4 - HC-KAR NC: 2025:KHC:30229-DB OSA No. 3 of 2025 5. Number of issues would arise in the said application inter alia the locus of the appellant to file an application for transferring the Company Petition before the National Company Law Tribunal, at this stage, and secondly, whether any irreversible steps have been taken by the Official Liquidator or not. 6. Company Application No.39 of 2025 in Company Petition No.236 of 2010 is still pending on the file of the learned Single Judge and therefore, we do not find that this appeal is maintainable against the order impugned herein. Therefore, we dismiss the appeal with liberty to the appellant to prosecute the application before the learned Single Judge. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 12