- 1 - HC-KAR NC: 2025:KHC:44829 CA No. 54 of 2021 In COP No. 76 of 1991 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. 54 OF 2021 IN COMPANY PETITION NO. 76 OF 1991 BETWEEN: THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES' PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN, 109-128, 2ND STAGE, GAYATHRIPURAM, MYSORE - 570 019. …APPLICANT (BY SMT. M.R.SHAMALA, ADVOCATE FOR SMT. NALINI VENKATESH, ADVOCATE) AND: 1. OFFICIAL LIQUIDATOR OF M/S. IDEAL JAWA (INDIA) LIMITED (IN LIQN), ATTACHED TO HIGH COURT OF KARNATAKA CORPORATE BHAVAN, NOS. 26-27, 12TH FLOOR, RAHEJA TOWERS, M.G. ROAD, BENGALURU - 560 001. 2. INDIAN OVERSEAS BANK, ASHOKA ROAD, MYSORE - 570 001. REPRESENTED BY ITS MANAGER …RESPONDENTS (BY SRI. SHRISHAIL NAVALGUND, ADVOCATE FOR OL) Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44829 CA No. 54 of 2021 In COP No. 76 of 1991 THIS COMPANY APPLICATION IS FILED UNDER SECTIONS 446(2)(B) AND 537(1) OF THE COMPANIES ACT, 1956 AND RULE 9 OF THE COMPANIES (COURT) RULES, 1959. THIS COMPANY APPLICATION IS LISTED FOR ORDERS, THIS DAY AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.M.R.Shalamala., counsel on behalf of Smt.Nalini Venkatesh., for the applicant and Sri.Shrishail Navalgund., counsel for the Official Liquidator have appeared in person. 2. The captioned application is filed seeking a direction directing the Official Liquidator to recover the Provident Fund dues and pay the same to the applicant. 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 M/s. Ideal Jawa (India) Limited (In Liquidation) has been directed to be wound up by this Court vide order dated 17.08.2001 passed in Company Petition No.76/1991 C/w. 05/1992 and 126/1992 and the Official Liquidator attached to this Court by virtue of his office - 3 - HC-KAR NC: 2025:KHC:44829 CA No. 54 of 2021 In COP No. 76 of 1991 became the Liquidator of the Company under the provisions of Section 449 of the Companies Act, 1956. The property, assets, etc., of the Company (in liquidation) are deemed to be under the custody of this Court as per the provisions of Section 456 of the Act. The dues of the creditors of the Company (in liquidation) will be settled in accordance with the provisions of the Companies Act, 1956 and Companies (Court) Rules, 1959 with the permission of this Court. 5. The prayer of the applicant is to recover PF dues and pay the same to them. Counsel for the official liquidator submits that to consider the prayer of the applicant, the authority must submit Form-66 with the Official Liquidator. Counsel, therefore, submits that an appropriate order may be passed. Counsel for the applicant submits that an appropriate order may be passed. The oral submission made by counsel for the respective parties is placed on record. - 4 - HC-KAR NC: 2025:KHC:44829 CA No. 54 of 2021 In COP No. 76 of 1991 The Provident Fund Authority is directed to submit Form-66 with the Official Liquidator. Upon receipt of Form-66, the Official Liquidator is directed to consider the same and act in accordance with the law. 6. Resultantly, the Company Application is disposed of. SD/- (JYOTI M) JUDGE TKN List No.: 1 Sl No.: 14