- 1 - HC-KAR NC: 2025:KHC:52539 CA No. 319 of 2021 In COP No. 27 of 2013 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. 319 OF 2021 IN COMPANY PETITION NO. 27 OF 2013 BETWEEN: OFFICIAL LIQUIDATOR OF M/S. KMMI ISPAT PRIVATE LIMITED (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 SRI. K.S.MAHADEVAN, ADVOCATE AND SRI. SHRISHAIL NAVALGUND, ADVOCATE FOR OL) AND: M/S. SHREE KAMACHI AMMAN TRANSPORTER AND EARTHMOVERS, SUBHASHNAGAR, SANDAR, BELLARY - 583201 REPRESENTED BY ITS PROPRIETOR …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS COMPANY APPLICATION IS FILED UNDER SECTION 446 (2) (b) OF THE COMPANIES ACT, 1956 READ WITH RULE 9 OF THE COMPANIES (COURT) RULES, 1959 FOR RECOVERY OF AMOUNT DUE TO THE COMPANY (IN LIQUIDATION) TOWARDS TRADE DEALING/SUPPLY OF IRON ORE/METALS. Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52539 CA No. 319 of 2021 In COP No. 27 of 2013 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 19.04.2023, service of notice to respondent is held sufficient. 2. The application is filed directing the respondent to pay a sum of Rs.7,35,227/- with future interest at 18% p.a. from 01.10.2021, 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 KMMI Ispat Private Limited (in liquidation) was ordered to be wound up in terms of the order dated 10.11.2017 passed in company petition No.27/2013. 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 - 3 - HC-KAR NC: 2025:KHC:52539 CA No. 319 of 2021 In COP No. 27 of 2013 Company handed over the documents relating to the assets and liabilities of the Company. The Director has also filed statement of affairs, which is marked as Ex.P2. After noticing the fact that a sum of Rs.2,90,479/- was due to the company from the respondent, the office of the Official Liquidator issued a notice on 12.03.2018 (Ex.P3) to the respondent demanding the amount with interest. The respondent did not reply to the notice. 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.2,90,479/- with interest at 9% p.a. from 01.04.2013 (as per closing balance of the respondent account), till the date of payment. - 4 - HC-KAR NC: 2025:KHC:52539 CA No. 319 of 2021 In COP No. 27 of 2013 7. Accordingly, the application is allowed. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 35