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2025 DAILYLAW 80937 (KAR)

OFFICIAL LIQUIDATOR OF M/S ORDYN TECHNOLOGIES PRIVATE LIMITED v. M/S DATACOM PRODUCTS (INDIA) PVT LTD

CA/30/2021 · 2025-12-19

Jyoti M

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54486 CA No. 30 of 2021 In COP No. 132 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M COMPANY APPLICATION NO. 30 OF 2021 IN COMPANY PETITION NO. 132 OF 2011 BETWEEN: OFFICIAL LIQUIDATOR OF M/S ORDYN TECHNOLOGIES PRIVATE LIMITED ATTACHED TO THE HON'BLE HIGH COURT OF KARNATAKA CORPORATE BHAVAN, NO.26-27, 12TH FLOOR, RAHEJA TOWERS M.G.ROAD, BENGALURU - 560 001. …APPLICANT (BY SMT. KRUTIKA RAGHAVAN, ADVOCATE FOR OL) AND: M/S DATACOM PRODUCTS (INDIA) PVT. LTD., 214, CHAMPAKLAL UDYOG BHAVAN, 105, SION-KOLIWADA ROAD, SION(EAST) MUMBAI - 400022 …RESPONDENT (VIDE ORDER DATED 05.08.2021, SERVICE OF NOTICE TO RESPONDENT IN HELD SUFFICIENT) THIS COMPANY APPLICATION IS FILED UNDER SECTION 446 (2) (b) OF THE COMPANIES ACT, 1956 READ WITH RULE 9 OF THE COMPANIES (COURT) RULES, 1959 FOR RECOVERY OF AMOUNT DUE TO THE COMPANY (IN LIQUIDATION) TOWARDS SUPPLY OF MATERIAL AND SERVICE. Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54486 CA No. 30 of 2021 In COP No. 132 of 2011 THIS COMPANY APPLICATION IS LISTED FOR ARGUMENTS, THIS DAY AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.Krutika Raghavan, counsel for the Official Liquidator appeared in person. As per order dated 05.08.2021, respondent is served with the notice, but he has neither engaged the services of a counsel nor has conducted the matter as party in-person. 2. The application is filed directing the respondent to pay a sum of Rs.67,46,459/- with future interest at 18% p.a. from 01.01.2021, till the date of payment. 3. Counsel for the Official Liquidator urged several contentions. 4. Heard the arguments and perused the papers with care. 5. There is no dispute that M/s Ordyn Technologies Private Limited (in Liquidation) was ordered to be wound up in terms of the order dated 03.11.2017 passed in company - 3 - HC-KAR NC: 2025:KHC:54486 CA No. 30 of 2021 In COP No. 132 of 2011 petition No.132/2011. Thereafter, the Official Liquidator has taken the charge of the company. Pursuant to the notice issued by the office of the Official Liquidator, the erstwhile Director of the Company handed over the documents relating to the assets and liabilities of the Company. The Director has also filed statement of affairs, which is marked as Ex.P1. After noticing the fact that a sum of Rs.27,35,233.40/- (Ex.P2) was due to the company from the respondent, the office of the Official Liquidator issued a notice on 05.07.2019 (Ex.P4) to the respondent demanding the amount with interest. Hence, the office of the Official Liquidator was constrained to file the present application. 6. It is noticed that the respondent though served with the notice has not appeared and contested the matter and has not opposed the application. It is further noted that the evidence given on oath is not controverted. There is no cross- examination and there are no materials to disbelieve the claim made by the applicant. Therefore, the applicant is entitled to a sum of Rs.27,35,233/- with interest at 9% p.a. from - 4 - HC-KAR NC: 2025:KHC:54486 CA No. 30 of 2021 In COP No. 132 of 2011 10.11.2013 (as per the closing balance of respondent account), till the date of payment. 7. Accordingly, the application is allowed. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 21