- 1 - HC-KAR NC: 2025:KHC:52537 CA No. 292 of 2023 IN COP No. 57 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M COMPANY APPLICATION NO. 292 OF 2023 IN COMPANY PETITION NO. 57 OF 2012 BETWEEN: OFFICIAL LIQUIDATOR OF M/S UNITED BREWERIES (HOLDINGS) LTD. (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.K.S.MAHADEVAN, ADVOCATE AND SRI SHRISHAIL NAVALGUND, ADVOCATE FOR OL) AND: 1. BESTRIDE CONSULTANCY PRIVATE LIMITED, LEVEL 12, UB TOWER, UB CITY, 24, VITTAL MALLYA ROAD, BENGALURU - 560001. REPRESENTED BY ITS DIRECTOR MS. TUSHITA PATEL 2. MS. TUSHITA PATEL, DIRECTOR, NO.23/5, BENSON CROSS ROAD, SERENADE BENSON TOWN, BENALURU - 560046. 3. SRI. SESHADRI VARADACHAR ALAKONDAVALLI, DIRECTOR, Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52537 CA No. 292 of 2023 IN COP No. 57 of 2012 NO.C3-904, L AND T SOUTH, CITYARAKERE MICO LAYOUT POST, OFF B.G.ROAD, BENGALURU - 560076 KARNATAKA. 4. SRI. GOVINDARAJ SREENIVASAN, DIRECTOR, NO.109, 2ND FLOOR, 4TH CROSS, 25 FEET ROAD, NEW SARASWATHI PURAM EXTN., ULSOOR, BENGALURU - 560008. …RESPONDENTS (VIDE ORDER DATED 06.12.2023, NOTICE TO R1 AND R2 HELD SUFFICIENT; VIDE ORDER DATED 27.06.2024 NOTICE TO R3 AND R4 IS DISPENSED WITH) THIS COMPANY APPLICATION IS FILED UNDER SECTION 446 (2) (b) OF THE COMPANIES ACT, 1956 AND READ WITH RULE 9 OF THE COMPANIES (COURT) RULES, 1959 FOR RECOVERY OF AMOUNT DUE TO THE COMPANY (IN LIQUIDATION). THIS COMPANY APPLICATION IS LISTED FOR ARGUMENTS, THIS DAY AN ORDER IS MADE AS UNDER: ORAL ORDER Counsel for the Official Liquidator appeared in person. As per order dated 06.12.2023, service of notice to respondent Nos.1 and 2 is held sufficient and as per order dated 27.06.2024, service of notice to respondent Nos.3 and 4 is dispensed with. - 3 - HC-KAR NC: 2025:KHC:52537 CA No. 292 of 2023 IN COP No. 57 of 2012 2. The application is filed directing the respondent to pay a sum of Rs.24,08,958/- and Rs.28,46,398/- with future interest at 18% p.a. from 07.02.2017 to 31.08.2023 total amounting to Rs.52,55,356/- with future interest @ 18% p.a. from 01.09.2023, 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 United Breweries Holdings Limited (in Liquidation) was ordered to be wound up in terms of the order dated 07.02.2017 passed in company petition No.57/2012. 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 a true copy of the extract of loans and advances, which is marked as Ex.P2. After noticing the fact that a sum of Rs.25,17,746/- was - 4 - HC-KAR NC: 2025:KHC:52537 CA No. 292 of 2023 IN COP No. 57 of 2012 due to the company from the respondent, the office of Official Liquidator issued a notice on 05.02.2021 (Ex.P3) to the respondent demanding the amount with interest. The respondent reply on 26.02.2021 stating that, a sum of Rs.1,08,788.30 was paid to the Recovery Officer from Account No.05230310002323 of Bestride Consultancy Pvt. Ltd., maintained with HDFC bank towards due of UBHL. It is noted that the office of Official Liquidator issued one more notice on 04.08.2023 (Ex.P5) demanding a sum of Rs.25,17,746/- with 18% interest from the date of winding up order i.e., 07.02.2017 till the date of payment. 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.24,08,958/- with interest at 9% p.a. from - 5 - HC-KAR NC: 2025:KHC:52537 CA No. 292 of 2023 IN COP No. 57 of 2012 07.02.2017 (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.: 38