- 1 - HC-KAR NC: 2025:KHC:32427-DB OSA No. 14 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T ORIGINAL SIDE APPEAL NO.14 OF 2011 IN COMPANY PETITION NO.109 OF 2008 BETWEEN: 1. MR. DHARMAPPA P. H. S/O. MR. PADAPPA HANJI AGED ABOUT 75 YEARS RESIDING AT 2163, KORE GALLI SHAHAPUR BELGAUM-590 006. 2. MRS. SHARAYU M. HANJI W/O. MR. MAHAVEER P. HANJI AGED ABOUT 61 YEARS RESIDING AT 'GAURAV' MANGALWARPETH, TILAKWADI BELGAUM-590 006. 3. MRS. HEMA V. HANJI W/O. MR. VASUDEV P. HANJI AGED ABOUT 62 YEARS RESIDING AT 'PADAM' NEAR 3RD RAILWAY GATE KHANAPUR ROAD, TILAKWADI BELGAUM-590 006. 4. MR. SUKUMAR HANJI S/O. MR. PADAPPA HANJI AGED ABOUT 60 YEARS RESIDING AT NO.2163 KORE GALLI, SHAHAPUR BELGAUM-590 006. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32427-DB OSA No. 14 of 2011 ALL ARE REPRESENTED BY THEIR GENERAL POWER OF ATTORNEY HOLDER MR. SACHIN V. HANJI S/O. MR. PADAPPA HANJI AGED ABOUT 64 YEARS RESIDING AT 'PADAM' NEAR 3RD RAILWAY GATE KHANAPUR ROAD, TILAKWADI BELGAUM-590 006. APPELLANTS (BY SRI RAGHURAM CADAMBI, ADVOCATE) AND: M/S. JAYHIND TECHNO MACHINES PVT. LTD. COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT CORPORATE OFFICE OF ASHOK IRON WORKS PVT. LTD. MAGAJOAN ROAD, UDYAM BAUGH BELGAUM REPRESENTED BY ITS MANAGING DIRECTOR MR. A.S. HUMBARWADI. …RESPONDENT (BY SMT. VIJETHA R. NAIK, ADVOCATE) * * * THIS ORIGINAL SIDE APPEAL IS FILED UNDER SECTION 483 OF THE COMPANIES ACT, 1956, READ WITH RULE 4 OF THE KARNATAKA HIGH COURTS ACT, PRAYING TO SET ASIDE THE ORDER DATED 6-4-2011 PASSED BY THE LEARNED SINGLE JUDGE IN COMPANY PETITION NO.109 OF 2008 AND ALLOW THE PETITION, AS PRAYED FOR. THIS ORIGINAL SIDE APPEAL IS COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T - 3 - HC-KAR NC: 2025:KHC:32427-DB OSA No. 14 of 2011 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present Original Side Appeal has been filed impugning the order dated 06.04.2011 passed by the learned Company Judge in Company Petition No.109 of 2008. 2. The appellants claim to be the shareholders of the respondent Company, M/s. Jayhind Techno Machines Private Limited. They filed Company Petition No.109 of 2008 for winding up of the respondent Company. 3. In view of the Insolvency and Bankruptcy Code, 2016, having been implemented and the National Company Law Tribunals and the National Company Law Appellate Tribunal regimes in place, the appellants are given liberty to approach the National Company Law Tribunal, Bengaluru, if they feel that there is any surviving cause of action for winding up of the respondent Company, M/s. Jayhind Techno Machines Private Limited. - 4 - HC-KAR NC: 2025:KHC:32427-DB OSA No. 14 of 2011 4. Any observations made by the Company Judge in the impugned order shall not come in the way of the appellants, if they want to file a petition for winding up of the respondent Company, M/s. Jayhind Techno Machines Private Limited, before the National Company Law Tribunal, Bengaluru. With the aforesaid liberty, the present Original Side Appeal is disposed off. In view of the disposal of the main appeal, pending interlocutory applications, if any, stand dismissed. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 44