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2025 DAILYLAW 55739 (KAR)

LKP FINANCE LIMITED (LKP) v. UNITED BRREWERIES

CA/367/2024 · 2025-08-21

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32611 CA No. 367 of 2024 IN COP NO.57 OF 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH COMPANY APPLICATION NO.367 OF 2024 IN COMPANY PETITION NO.57 OF 2012 BETWEEN: 1. LKP FINANCE LIMITED (LKP) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 NO. 203, EMBASSY CENTRE, NARIMAN POINT, MUMBAI-400 021. REPRESENTED BY PRATIK DASHI A. …APPLICANT (BY SRI. VARUN, ADVOCATE FOR SRI. VIVEKANANDA S., ADVOCATE) AND: 1. UNITED BRREWERIES OFFICIAL LIQUIDATOR ATTACHED TO THE HIGH COURT OF KARNATAKA, MINISTRY OF CORPORATE AFFAIRS, CORPORATE BHAVAN, NO. 26-27, 12TH FLOOR, RAHEJA TOWERS, M.G. ROAD, BENGALURU-560001. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32611 CA No. 367 of 2024 IN COP NO.57 OF 2012 …RESPONDENT (BY SMT. KRUTIKA RAGHAVAN, ADVOCATE) THIS APPLICATION IS FILED UNDER RULE 164 READ WITH RULE 9 OF THE COMPANIES (COURT) RULES 1959 READ WITH SECTION 151 OF THE CPC. 1908 PRAYING TO SET ASIDE THE OFFICIAL LIQUIDATOR IN FORM 69 BEARING OLB/COP.NO.57/2012//SEC.VIII/CLAIM.NO.6/1264/2024 DATED 12.07.2024 AT ANNEXURE-K; AND DIRECT THE OFFICIAL LIQUIDATOR TO RECONSIDER THE CLAIM STATEMENT FILED BY THE APPELLANT COMPANY. THIS APPLICATION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this application, the applicant has sought for setting aside the order dated 12.07.2024 passed by the learned Official Liquidator in Form No.69 produced at Annexure-K. 3. Having taken note of the submission made by the learned counsel appearing for the parties, and considering the fact that a new claim has been made in - 3 - HC-KAR NC: 2025:KHC:32611 CA No. 367 of 2024 IN COP NO.57 OF 2012 the application seeking to set aside the order of the learned Official Liquidator issued in Form No. 69 (Annexure-K), I am of the opinion that, the ends of justice would be met if the learned Official Liquidator reconsiders the claim filed by the applicant-Company, in accordance with law. 4. Accordingly, the order dated 12.07.2024 (Annexure-K) is hereby set aside, and the learned Official Liquidator is directed to reconsider the matter in accordance with law. 5. In that view of the matter, Company Application No.367 of 2025 is accordingly disposed of in Company Petition No. 214 of 2012. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 20