- 1 - HC-KAR NC: 2025:KHC:44827 CA No. 198 of 2019 In COP No. 166 of 2001 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. 198 OF 2019 IN COMPANY PETITION NO. 166 OF 2001 BETWEEN: SMT. N.S.NIRMALA, W/O. LATE N.S.SESHAGIRI RAO, AGED ABOUT 69 YEARS, R/AT DR.RAMANUJAM ROAD, FORT, HARIHAR, DAVANAGERE - 577 601. …APPLICANT (BY SRI. DEEPAK, ADVOCATE) AND: THE OFFICIAL LIQUIDATOR OF THE MYSORE KIRLOSKAR LTD. (IN LIQN.) ATTACHED TO HIGH COURT OF KARNATAKA, #26-27, 12TH FLOOR, RAHEJA TOWERS, BENGALURU - 560 001. …RESPONDENT (BY SRI. K.S.MAHADEVAN, ADVOCATE FOR OL) THIS COMPANY APPLICATION IS FILED UNDER RULE 164 READ WITH RULES 6 AND 9 OF THE COMPANIES (COURT) RULES, 1959. 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:44827 CA No. 198 of 2019 In COP No. 166 of 2001 ORAL ORDER Sri.Deepak., counsel for the applicant and Sri.K.S.Mahadevan., counsel for the Official Liquidator have appeared in person. 2. The captioned application is filed seeking following relief: Direct the Official Liquidator to include Gratuity amount payable in a sum of Rs.1,60,915/- and Leave compensation in a sum of Rs.21,310/- claimed by the applicant as priority claims of the applicant in terms of Section 530 of the Companies Act, 1956. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the application papers with care. 4. The applicant's grievance is that the Official Liquidator has not considered the Gratuity amount claimed by the applicant, which is against the provisions of Section 530 of the Act. The grievance about the non-payment of the Gratuity amount by the Official Liquidator cannot be considered in this - 3 - HC-KAR NC: 2025:KHC:44827 CA No. 198 of 2019 In COP No. 166 of 2001 application. The applicant may approach the Trust maintained by the Company, if so advised. As far as the consideration of leave encashment is concerned, the Official Liquidator is directed to consider the same and pass appropriate orders in accordance with the law within eight weeks from the receipt of certified copy of this order. 5. Resultantly, the Company application is disposed of. Sd/- (JYOTI M) JUDGE MRP,KMV List No.: 1 Sl No.: 9