- 1 - HC-KAR NC: 2025:KHC:44893 CA No. 353 of 2024 In CA No. 137 of 2020 In COP No. 57 of 2012 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. 353 OF 2024 IN COMPANY APPLICATION NO. 137 OF 2020 IN COMPANY PETITION NO. 57 OF 2012 BETWEEN: OFFICIAL LIQUIDATOR OF M/S. UNITED BREWERIES (HOLDINGS) LIMITED (IN LIQUIDATION) HAVING OFFICE AT CORPORATE BHAVAN, NO.26-27, 12TH FLOOR, RAHEJA TOWERS, M.G.ROAD, BENGALURU - 560 001. REPRESENTED IN THESE PROCEEDINGS BY ITS AUTHORISED REPRESENTATIVE. …APPLICANT (BY SRI. SHRISHAIL NAVALGUND, ADVOCATE FOR OL) AND: 1. M/S. OSL LUXURY COLLECTIONS PRIVATE LIMITED, HAVING OFFICE NO. 901, PRESTIGE EXOTICA NO.3, CUNNINGHAM CRESCENT ROAD, BENGALURU - 560 052. REPRESENTED IN THESE PROCEEDINGS BY BOARD OF DIRECTORS. 2. PRESTIGE ESTATE PROJECTS, HAVING OFFICE AT FALCON TOWERS, 19, BRUNTON ROAD, BENGALURU - 560025. …RESPONDENTS (BY SRI. RAJNISH SINHA, ADVOCATE FOR R1) Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44893 CA No. 353 of 2024 In CA No. 137 of 2020 In COP No. 57 of 2012 THIS COMPANY APPLICATION IS FILED UNDER SECTION 8 OF THE ARBITRATION AND CONCILIATION ACT, 1996 FOR REFERRING THE PARTIES TO ARBITRATION. THIS COMPANY APPLICATION IS LISTED FOR ORDERS, THIS DAY AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Shrishail Navalgund., counsel for the Official Liquidator has appeared in person. Sri.Rajnish Sinha., counsel for respondent No.1 has appeared through video conferencing. 2. The captioned application is filed seeking a direction to refer C.A.No.137/2020 to the Arbitration in respect of the issues raised in the said application. 3. Counsel for the respective parties urged several contentions. Counsel Sri.Rajnish Sinha., in presenting his arguments submits that respondent No.1 has filed an application in C.A.No.353/2024 under Section 8 of the Arbitration and Conciliation Act, 1996 for referring the parties to Arbitration and Mr.Salesh Grover has sworn to a declaration of facts in the - 3 - HC-KAR NC: 2025:KHC:44893 CA No. 353 of 2024 In CA No. 137 of 2020 In COP No. 57 of 2012 form of an affidavit and narrated the reasons to allow the application. Counsel further submits that no prejudice will be caused to the other side if the application is allowed. Counsel, therefore, submits that C.A.No.353/2024 may be allowed. In support of his contention, counsel placed reliance on RASHTRIYA ISPAT NIGAM LIMITED AND ANOTHER VS. VERMA TRANSPORT CO. reported in (2006) 7 SCC 275. By way of reply, counsel Sri.Shrishail Navalgund., submits the first respondent has entered appearance and actively participated by filing objections. Hence, respondent No.1 cannot be permitted to invoke Section 8 of the Arbitration and Conciliation Act to refer the matter to the Arbitration. Counsel further submits that a detailed statement of objections is filed and the same may be taken note of and the application may be dismissed. In support of his contention, counsel placed reliance on VISHAL RETAIL LIMITED AND ANOTHER VS. ACHHAR SINGH BHUMBER AND OTHERS - 2011 SCC ONLINE ORISSA 6. 4. Heard the arguments and perused the application papers with care. - 4 - HC-KAR NC: 2025:KHC:44893 CA No. 353 of 2024 In CA No. 137 of 2020 In COP No. 57 of 2012 5. The issue falls within a narrow compass and relates to referring C.A.No.137/2020 to the Arbitration. Suffice it to note that the Official Liquidator filed C.A.No.137/2020 under Section 446(2)(b) of the Companies Act, 1956 R/w Rule 9 of the Companies (Court) Rules, 1959 on 18.02.2020. The first respondent filed objections by way of reply to the application on 09.04.2021 and it has been accompanied by verifying affidavit of one Mr.Salesh Grover, the business head of the answering respondent. Counsel Sri.Rajnish Sinha., submits that the reply is not a statement of objections to C.A.No.137/2020. The said contention cannot be accepted. A perusal of the reply statement depicts that respondent No.1 has filed a detailed objections at paragraphs 1 to 30 running ten pages. A perusal of the same reflects that a detailed reply by way of objections are filed and the contentions of the Official Liquidator are met with by the first respondent. It is significant to note that the objections are verified by the business head - Mr.Salesh Grover. Furthermore, along with objections, certain documents are furnished and the same are marked as Annexures-R1 to R8. - 5 - HC-KAR NC: 2025:KHC:44893 CA No. 353 of 2024 In CA No. 137 of 2020 In COP No. 57 of 2012 It is noted that after filing of the objections, the stage of evidence has already been completed by the respondent (who was the applicant in original proceedings). Hence, it can be safely concluded that the first respondent has entered appearance in judicial proceedings, actively participated by filing a detailed objections. Moreover, there is a time limit to invoke Section 8 of the Arbitration Act as introduced by the 2015 Amendment. The application must be filed not later than the date of submitting the first statement on the substance of the dispute to the Court. This means, parties must act quickly to refer a matter to arbitration and cannot delay their application after the Court proceedings have started. Therefore, the contention that the reply by way of objection is not a statement of objection must necessarily fail. This Court concludes that the pleadings are complete. As already noted above, in the present case, the first respondent has already submitted his first statement on the substance of the dispute on 09.04.2021. Hence, the first respondent cannot seek reference of the matter to the Arbitration. - 6 - HC-KAR NC: 2025:KHC:44893 CA No. 353 of 2024 In CA No. 137 of 2020 In COP No. 57 of 2012 Counsel for the respective parties placed reliance on the decisions referred to supra. But, I do not think that the law is in doubt. Each decision turns on its own facts. The present case is also tested in the light of the aforesaid decisions. 6. Resultantly, C.A.No.353/2024 is dismissed. As this Court has held that the pleadings are complete, the matter is referred to CPC for recording of evidence. Office is directed to list C.A.No.137/2020 before CPC for recording evidence on 01.12.2025. Sd/- (JYOTI M) JUDGE TKN List No.:1 Sl No.:12