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2025 DAILYLAW 68652 (KAR)

SRI VISHWAVASU C CHOBARI v. OFFICIAL LIQUIDATOR

CA/220/2019 · 2025-11-06

Jyoti M

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:44826 CA No. 220 of 2019 In COP No. 132 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M COMPANY APPLICATION NO. 220 OF 2019 IN COMPANY PETITION NO. 132 OF 2011 BETWEEN: SRI. VISHWAVASU C. CHOBARI AGED ABOUT 45 YEARS, RESIDING AT NO.203. 'D' BLOCK, THE FIVE SUMMITS APARTMENT ADDRESS ROAD NO.10, EPIP ZONE, WHITEFIELD, BENGALURU-560066. …APPLICANT (BY SRI. SANTOSH S.GOGI, ADVOCATE) AND: OFFICIAL LIQUIDATOR, CORPORATE BHAVAN, NO.26-27, 12TH FLOOR, RAHEJA TOWER, M.G.ROAD, BENGALURU - 560001. [ORDYN TECHNOLOGIES PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956]. …RESPONDENT (BY SRI. SHRISHAIL NAVALGUND, ADVOCATE FOR OL) THIS COMPANY APPLICATION IS FILED UNDER SECTION 279 READ WITH SECTION 446 OF THE COMPANIES ACT, 1956. THIS COMPANY APPLICATION IS LISTED FOR ORDERS, THIS DAY AN ORDER IS MADE AS UNDER: Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44826 CA No. 220 of 2019 In COP No. 132 of 2011 ORAL ORDER Sri.Santosh S.Gogi., counsel for the applicant and Sri.Shrishail Navalgund., counsel for the Official Liquidator have appeared in person. 2. The captioned application is filed seeking leave to continue the pending proceedings in suit O.S.No.9240/2015 on the file of City Civil and Sessions Judge, Bengaluru (CCH-6) filed on 07.11.2015 that was initiated before passing of winding up order dated 03.11.2017 by impleading the Official Liquidator to the said suit in so far as Ordyn Technologies Private Limited. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the application papers with care. 4. Suffice it to note that the winding up order was made on 03.11.2017, however the suit was initiated prior to winding up order i.e., on 07.11.2015. In my view, no purpose would be served if the plaintiff is permitted to continue the suit; if the plaintiff succeeds in the suit, he should approach the Official Liquidator for the payment. Hence, the Company Application is disposed of reserving a liberty to the applicant to - 3 - HC-KAR NC: 2025:KHC:44826 CA No. 220 of 2019 In COP No. 132 of 2011 file an application with the Official Liquidator. If an application is filed by the applicant, the Official Liquidator is directed to consider the same in accordance with the law and pass appropriate orders. 5. With the above observation, the Company Application is disposed of. SD/- (JYOTI M) JUDGE MRP,KMV List No.: 1 Sl No.: 11