OFFICIAL LIQUIDATOR OF M/S. KIRLOSKAR INVESMENTS AND FINANCE LTD. (IN LIQN.) v. THE SECRETARY
CA/88/2025 · 2025-11-27
Jyoti M
body2025
DailyLaw.ai
[ 2025 DAILYLAW 88468 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88468 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:49259 CA No. 88 of 2025 In CA No. 117 of 2018 In COP No. 2 of 2000
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M COMPANY APPLICATION NO. 88 OF 2025 IN COMPANY APPLICATION NO. 117 OF 2018 IN COMPANY PETITION NO. 2 OF 2000
BETWEEN:
OFFICIAL LIQUIDATOR OF M/S. KIRLOSKAR INVESMENTS AND FINANCE LTD. (IN LIQN.) ATTACHED TO HIGH COURT OF KARNATAKA,
"CORPORATE BHAVAN", NO.26-27, 12TH FLOOR, RAHEJA TOWERS, M.G.ROAD, BENGALURU-560 001. …APPLICANT (BY SMT. KRUTHIKA RAGHAVAN, ADVOCATE FOR OL)
AND:
1. THE SECRETARY, MADHUVAN BRINDAVAN APARTMENTS OWNER'S ASSOCIATION NO.66/1,2,3,4 AUDUGODI, HOSUR MAIN ROAD, BENGALURU-560 030. 2. SMT. MAGAN KANWAR, W/O. LATE SRI. D.S.SHEKHAWAT, R/O. FLAT NO.B-5, BRINDAVAN APARTMENTS,
Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:49259 CA No. 88 of 2025 In CA No. 117 of 2018 In COP No. 2 of 2000
HOSUR ROAD, ADUGODI, BENGALURU - 560 030. …RESPONDENTS (BY SRI. T.S.VENKATESH, ADVOCATE FOR R1;
SRI. DUSHYANTH NARAYAN, ADVOCATE FOR SRI. KARAN JOSEPH, ADVOCATE FOR R2)
THIS COMPANY APPLICATION IS FILED UNDER RULE 6 AND 9 OF THE COMPANIES (COURT) RULES, 1959 AND UNDER ORDER XXII READ WITH RULE 4, 5 AND 9 OF CODE OF CIVIL PROCEDURE, 1908 AND UNDER SECTION 5 OF THE LIMITATION ACT, 1963. THIS COMPANY APPLICATION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER Smt.Krutika Raghavan., counsel for the applicant-official liquidator, Sri.Venkatesh.T.S., counsel for respondent No.1 and Sri.Dushyanth Narayan., counsel on behalf of Sri.Karan Joseph., for respondent No.2 have appeared in person. 2. Counsel for the official liquidator submits that an application under Rule 6 and 9 of the Companies (Court) Rules and under Order XXII read with Rule 4, 5 & 9 of the Code of Civil Procedure, 1908 and under Section 5 of the Limitation Act, 1963 to condone the delay in filing LR application, set-aside the
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HC-KAR NC: 2025:KHC:49259 CA No. 88 of 2025 In CA No. 117 of 2018 In COP No. 2 of 2000
abatement and bringing the legal representatives of deceased respondent No.2 as respondent No.2(A) and 2(B) in C.A.No.117/2018. 3. Counsel Sri.Dushyanth Narayan., on behalf of Sri.Karan Joseph., for respondent No.2 submits that he has no objection for allowing the application. 4.
Perused the contents of application and also the affidavit. 5. Being satisfied with the cause shown in the affidavit filed in support of application, the applicant is permitted to implead the legal representatives of deceased respondent No.2 on record. 6. Counsel Sri.Dushyanth Narayan., submits that Counsel Sri.Karan Joseph., undertakes to file power on behalf of proposed legal representatives of respondent No.2. 7. The oral submission is placed on record. 8. Time is granted to file power on behalf of the legal representatives of respondent No.2 i.e., Mr.Himmat Singh Shekhawat and Mr.Nishant Singh Shekhawat. - 4 -
HC-KAR NC: 2025:KHC:49259 CA No. 88 of 2025 In CA No. 117 of 2018 In COP No. 2 of 2000
9. Accordingly, C.A.No.88/2025 is allowed. 10. Applicant's counsel is directed to amend the cause title. SD/- (JYOTI M) JUDGE KMV List No.:12 Sl No.: