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2025 DAILYLAW 68393 (KAR)

SECURITIES AND EXCHANGE BOARD OF INDIA v. THE OFFICIAL LIQUIDATOR OF UNITED

CA/421/2024 · 2025-08-14

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31537 CA No. 421 of 2024 IN COP No.57 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH COMPANY APPLICATION NO.421 OF 2024 IN COMPANY PETITION NO.57 OF 2012 BETWEEN: 1. SECURITIES AND EXCHANGE BOARD OF INDIA SEBI BHAVAN, PLOT NO.C-4A, G-BLOCK, BANDRA KURLA COMPLEX, BANDRA (EAST) MUMBAI - 400 051 REPRESENTED BY ITS ASSISTANT GENERAL MANAGER AND AUTHORISED SIGNATORY MR. VINOD RAMPRASAD PARDESHI …APPLICANT (BY MISS ADITHI SHETTY, ADVOCATE FOR SRI. VARAHAGIRI VINAY GIRI, ADVOCATE) AND: 1. THE OFFICIAL LIQUIDATOR OF UNITED BREWERIES (HOLDINGS) LIMITED (IN LIQUIDATION) ATTACHED TO THE HIGH COURT OF KARNATAKA CORPORATE BHAVAN, NO.26-27, 12TH FLOOR, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31537 CA No. 421 of 2024 IN COP No.57 of 2012 RAHEJA TOWERS, BENGALURU - 560001. …RESPONDENT (BY MISS KRUTIKA RAGHAVAN, ADVOCATE FOR OFFICIAL LIQUIDATOR) THIS APPLICATION IS FILED UNDER SECTION 460 (6) OF THE COMPANIES ACT, 1956 AND RULE 177 ALONG WITH RULE 6 AND 9 OF THE COMPANIES (COURT) RULES 1959 READ WITH SECTION 5 OF THE LIMITATION ACT, 1963 PRAYING TO CONDONE THE DELAY, IF ANY, OF 103 DAYS (29.10.2020 TO 09.02.2021) IN SUBMISSION OF APPLICANT'S CLAIM BEFORE THE RESPONDENT/OFFICIAL LIQUIDATOR IN THE LIQUIDATION PROCEEDINGS OF UBHL, ETC. THIS APPLICATION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. The applicant had made a claim with the Official Liquidator of the respondent - UBHL for recovery of dues against which the OL has issued Form 69 dated 24.06.2024 vide Annexure-H and rejected the claim with regard to interest on the penalty amount in terms of Section 28A of the SEBI Act - 3 - HC-KAR NC: 2025:KHC:31537 CA No. 421 of 2024 IN COP No.57 of 2012 read with Section 220 of the Income Tax Act, 1961. Being aggrieved by the same, the applicant has preferred this application challenging the Form 69 dated 24.06.2024. 3. Having taken note of the submissions made by the learned counsel appearing for the parties and the material on record, I am of the opinion that the respondent - OL be directed to reconsider the claim made by the applicant with regard to entire claim including principal and interest in respect of the claim made as per Annexure-H. 4. In that view of the matter, the Form No.69 produced by the applicant at Annexure-H is hereby set aside and the matter is remitted to the respondent - OL to reconsider the claim in accordance with law. 5. The application accordingly, stands disposed of in terms of the observation made above. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 20