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High Court of Karnataka · body

2025 DAILYLAW 81708 (KAR)

OFFICIAL LIQUIDATOR OF v. MR. S. S. DAHIYA

CA/83/2025 · 2025-09-18

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37506 CA No. 83 of 2025 In CA NO.238 of 2011 In COP No. 175 of 2004 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH COMPANY APPLICATION NO.83 OF 2025 IN COMPANY APPLICATION NO.238 OF 2011 IN COMPANY PETITION NO.175 OF 2004 BETWEEN: 1. OFFICIAL LIQUIDATOR OF M/S COMPUDYNE WINFOSYSTEMS LIMITED (IN LIQN.) ATTACHED TO HIGH COURT OF KARNATAKA, CORPORATE BHAVAN, NO. 26-27, 12TH FLOOR, RAHEJA TOWERS, M G ROAD, BENGALURU - 560001. …APPLICANT (BY SRI. JAGADISHGOUD PATIL, ADVOCATE FOR OL) AND: 1. MR. S. S. DAHIYA S/O A S DAHIYA, 75 RAJU NAIDU ROAD, TATABAD, COIMBATORE - 641 012. 2. MR. JABBAR AFAAQ 290, 18TH MAIN, 6TH BLOCK, KORAMANGALA BENGALURU - 560 034. 3. MR. MARC KOLBA S/O WINRICHEERNST KOLBE, 24501, WINGGIELD ROAD, HIDDEN HILLS, CA 91302, U S A. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37506 CA No. 83 of 2025 In CA NO.238 of 2011 In COP No. 175 of 2004 4. MR. K.G. PRAKASH S/O MR. K. GOVINDA RAO, 125, 17TH CROS,S 11TH MAIN, MALLESHWARAM, BENGALURU - 560 003. 5. SMT. SUMITRA DAHIYA W/O S S DAHIYA, 452, 3RD BLOCK, 3RD CROSS, 15TH MAIN, KORAMANGALA, BENGALURU - 560 034. 6. MR. PRASAD M. NEGINHAL S/O T N MONOHAR, NO. 2576, 11TH MAIN, 'E' BLOCK, RAJAJINAGAR 2ND STAGE, BENGALURU - 560 010. 7. MR. V V KALYANASUNDRAM S/O MR. V.S. VAIDYANATHA IYER, NO. 201, SHARAVATHI BLOCK NATIONAL GAMES VIlLAGE, KORAMANGALA, BENGALURU - 560 034. …RESPONDENTS 8. SMT. SUMITRA DAHIYA W/O S S DAHIYA, 452, 3RD BLOCK, 3RD CROSS, 15TH MAIN, KORAMANGALA BENGALURU 560 034. ALSO AT NO.16Q. ASHA APARTMENT 2ND STREET, TATABAD, SHIVANANDA COLONY COIMBATORE SOUTH COIMBATORE, TAMILNADU-641012. …PROPOSED RESPONDENT - 3 - HC-KAR NC: 2025:KHC:37506 CA No. 83 of 2025 In CA NO.238 of 2011 In COP No. 175 of 2004 THIS APPLICATION IS FILED UNDER RULE 9 OF THE COMPANIES (COURT) RULES, 1959 AND READ WITH RULE 20 ORDER V OF THE CODE OF CIVIL PROCEDURE PRAYING TO DIRECT THAT SERVICE OF NOTICE OF THE ABOVE APPLICATION BE AFFECTED ON THE SAID PROPOSED RESPONDENT NO.1(A), SMT. SUMITRA DAHIYA, W/O S. S. DAHIYA, 452, 3RD BLOCK, 3RD CROSS, 15TH MAIN, KORAMANGALA, BENGALURU AND NO.16Q, ASHA APARTMENTS, 2ND STREET, TATABAD, SHIVANANDA COLONY, COIMBATORE SOUTH, COIMBATORE, TAMIL NADU - 641 012 BY AFFIXTURE ON THE LAST KNOWN ADRESSES AND ALSO BY WAY OF PAPER ADVERTISEMENT IN THE NEWSPAPER SUCH AS 'VIJAYA KARNATAKA' KANNADA VERSION OF KARNATAKA EDITION AND 'THE HINDU' ENGLISH VERSION OF COIMBATORE EDITION; PERMIT THE OFFICIAL LIQUIDATOR TO MEET THE EXPENSES OF ADVERTISEMENT CHARGES OUT OF THE COMPANY FUNDS MAINTAINED BY THE OFFICIAL LIQUIDATOR AND PASS SUCH OTHER ORDER OR ORDERS, AS THIS HONBLE COURT MAY DEEM FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE. THIS APPLICATION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Office objection raised on CA No.83 of 2025 is over ruled. - 4 - HC-KAR NC: 2025:KHC:37506 CA No. 83 of 2025 In CA NO.238 of 2011 In COP No. 175 of 2004 The Official Liquidator has filed this application under Rule 9 of the Companies (Court) Rules, 1959 read with Order V Rule 20 of the Code of Civil Procedure for substituted service of notice to the proposed respondent No.1(a)-Smt. Sumitra Dahiya, by way of paper publication. Accepting the reasons stated in the affidavit accompanying application, the Official Liquidator is permitted to takeout substituted service of notice on the proposed respondent No.1(a)- Smt. Sumitra Dahiya through paper publication in "Vijaya Karnataka", Kannada Daily Newspaper, Bengaluru Edition and in 'The Hindu' English Daily Newspaper Coimbatore Edition, on or before 25.10.2025, fixing the next date of hearing as 20.11.2025. Accordingly, C.A. No.83 of 2025 is allowed. Sd/- (E.S.INDIRESH) JUDGE SB