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High Court of Karnataka · body

2026 DAILYLAW 13833 (KAR)

COMMERCIAL TAX DEPARTMENT, GOVERNMENT OF TELANGANA v. OFFICIAL LIQUIDATOR OF BPL ENGINEERING LTD

CA/6/2026 · 2026-02-20

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10846 CA No. 6 of 2026 A/W CA No. 260 of 2025 In CA No. 89 of 2025 In CA No. 160 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ COMPANY APPLICATION NO. 6 OF 2026 A/W COMPANY APPLICATION NO. 260 OF 2025 IN COMPANY APPLICATION NO. 89 OF 2025 IN COMPANY PETITION NO. 160 OF 2002 IN CA NO.6/2026 BETWEEN: COMMERCIAL TAX DEPARTMENT, GOVERNMENT OF TELANGANA, HYDERGUDA - ASHOK NAGAR CIRCLE, ABIDS DIVISION, D.NO:5-4-435, 2ND FLOOR, OLD KAKTIYA BUILDING, NAMPALLY STATION ROAD, NAMPALLY, HYD-500 001, REPRESENTED BY ITS COMMERCIAL TAX OFFICER AND ASSISTANT COMMISSIONER (ST) …APPLICANT (BY SRI. MANU PRABHAKAR KULKARNI, ADVOCATE) AND: 1. OFFICIAL LIQUIDATOR OF BPL ENGINEERING LTD. ATTACHED TO HIGH COURT OF KARNATAKA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10846 CA No. 6 of 2026 A/W CA No. 260 of 2025 In CA No. 89 of 2025 In CA No. 160 of 2022 “CORPORATE BHAVAN”, NO.26-27, 12TH FLOOR, RAHEJA TOWERS, M.G. ROAD, BENGALURU- 560 001 2. OMKARA ASSETS CONSTRUCTION PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING REGISTERED ADDRESS AT: NO.9, M.P. NAGAR FIRST STREET, KONGU NAGAR EXTENSION, TIRUPUR, TAMIL NADU, INDIA-641 607. ALSO HAVING ADDRESS AT: KOHINOOR SQAURE, 47TH FLOOR, N.C. KELKAR MARG, R.G. GADKARI CHOWK, DADAR (WEST), MUMBAI-400 028, REPRESENTED BY RITESH SAWANT, CHIEF MANAGER. 3. KOTAK MAHINDRA BANK LTD. ASSETS RECONSTRUCTION DIVISION, 5TH FLOOR, SAMSON TOWER, NO.402-L, PANTHEON ROAD, EGMORE, CHENNAI-600 008, REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT MR. PARAG DHOLAKIA. 4. HDFC BANK LTD. DEPARTMENT FOR SPECIAL OPERATIONS 2ND FLOOR, ESEL CHAMBERS 7 AND 7/1, LALBAGH ROAD, RICHMOND CIRCLE, BENGALURU-560 027, REPRESENTED BY ITS SENIOR MANAGER, SRI. FRANCY RAJU. 5. ASSET RECONSTRUCTION COMPANY (INDIA) LTD., (ARCIIL) THE RUBY, 10TH FLOOR 29, - 3 - HC-KAR NC: 2026:KHC:10846 CA No. 6 of 2026 A/W CA No. 260 of 2025 In CA No. 89 of 2025 In CA No. 160 of 2022 SENAPATHI BAPAT MARG, DADAR (WEST), MUMBAI-400 028, REPRESENTED BY ITS CHIEF MANAGER, SRI. ASHISH SHAHI. 6. JAMMU AND KASHMIR BANK ZONAL OFFICE (SOUTH) UNION STREET OFF INFANTRY ROAD, BENGALURU-560 001, REPRESENTED BY ITS CHIEF MANAGER, MR. FARID AHMED KHAN. 7. SICOM LIMITED SOLITAIRE CORPORATION PARK, BUILDING NO.4, 6TH FLOOR, GURU HARGOVINDJI ROAD, (ANDHERI GHATKOPAL LINK ROAD) CHAKALA, ANDHERI (EAST) MUMBAI, MAHARASHTRA-400 093, REPRESENTED BY ITS ASST. MANAGER SRI. PRAMOD CHAUHAN. 8. KSIIDC LIMITED KARNATAKA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED NO.49, KHANIJA BHAVAN, 4TH FLOOR, EAST WING, RACE COURSE ROAD, BENGALURU-560 001, REPRESENTED BY ITS GENERAL MANAGER SRI. ESWARA. 9. BANK OF BAHRAIN AND KUWAIT JOLLY MAKER CHAMBERS II GROUND FLOOR, 225 MARIMAN POINT, MUMBAI-400 021, REPRESENTED BY ITS LEGAL MANAGER SRI. NEMISH KUMAR. 10. CANARA BANK, ARM I BRANCH ASSET RECONSTRUCTION DIVISION, - 4 - HC-KAR NC: 2026:KHC:10846 CA No. 6 of 2026 A/W CA No. 260 of 2025 In CA No. 89 of 2025 In CA No. 160 of 2022 2ND FLOOR, CIRCLE OFFICE, SPENCER TOWERS, NO.86, M.G. ROAD, BENGALURU-560 001, REPRESENTED BY ITS CHIEF MANAGER SRI. PRASHANT PANDEY. 11. STATE BANK OF INDIA ASSET RECOVERY MANAGEMENT BRANCH MYSORE BANK BUILDING, BKG COMPLEX, A BLOCK, 2ND FLOOR, AVENUE ROAD, BENGALURU-560 009, REPRESENTED BY ITS CHIEF MANAGER, SRI. VENKATARAMAN DAS G. 12. CENTRAL BANK OF INDIA MERCHANT BANKING DIVISION DEBENTURE TRUSTEE SECTION, 4TH FLOOR, CEBTRAK BANK BUILDING, M.G. ROAD, FORT, MUMBAI-400 028, REPRESENTED BY ITS AUTHORIZED OFFICER MR. A. KESHAV BANGERA. 13. IFCI LIMITED IFCI BHAVAN, 4TH FLOOR, 2, CUBBONPET MAIN ROAD, N.R. SQUARE, BENGALURU-560 002, REPRESENTED BY ITS ASST. G. MANAGER SRI. P. SIVAKUMAR. 14. ICICI BANK ICICI BANK TOWERS, BANDRA KURLA COMPLEX, BANDRA EAST, MUMBAI-400 051, REPRESENTED BY ITS LEGAL MANAGER. …RESPONDENTS (BY SRI. SHRISHAIL NAVALGUND, ADVOCATE) THIS COMPANY APPLICATION IS FILED UNDER ORDER I RULE 10(2) AND SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH RULES 6 AND 9 OF THE - 5 - HC-KAR NC: 2026:KHC:10846 CA No. 6 of 2026 A/W CA No. 260 of 2025 In CA No. 89 of 2025 In CA No. 160 of 2022 COMPANIES (COURT) RULES, 1959, PRAYING TO IMPLEAD THE COMPANIES AS RESPONDENT NOS.2 TO 14 IN CA NO.89 OF 2025 IN COP NO.160 OF 2005. IN CA NO.260/2025 BETWEEN: COMMERCIAL TAX DEPARTMENT, GOVERNMENT OF TELANGANA, HYDERGUDA - ASHOK NAGAR CIRCLE, ABIDS DIVISION, D.NO:5-4-435, 2ND FLOOR, OLD KAKTIYA BUILDING, NAMPALLY STATION ROAD, NAMPALLY, HYD-500 001, REPRESENTED BY ITS COMMERCIAL TAX OFFICER AND ASSISTANT COMMISSIONER (ST) …APPLICANT (BY SRI. MANU PRABHAKAR KULKARNI, ADVOCATE) AND: 1. OFFICIAL LIQUIDATOR OF BPL ENGINEERING LTD. ATTACHED TO HIGH COURT OF KARNATAKA, “CORPORATE BHAVAN”, NO.26-27, 12TH FLOOR, RAHEJA TOWERS, M.G. ROAD, BENGALURU- 560 001 2. STRESSED ASSETS STABILIZATION FUND - SASF 3RD FLOOR, IDBI TOWER, WTC COMPLEX, CUFFE PARADE, MUMBAI-400 005, REPRESENTED BY ITS DY. GENERAL MANAGER MR. RAHUL KULKARNI. - 6 - HC-KAR NC: 2026:KHC:10846 CA No. 6 of 2026 A/W CA No. 260 of 2025 In CA No. 89 of 2025 In CA No. 160 of 2022 3. KOTAK MAHINDRA BANK LTD. ASSETS RECONSTRUCTION DIVISION, 5TH FLOOR, SAMSON TOWER, NO.402-L, PANTHEON ROAD, EGMORE, CHENNAI-600 008, REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT MR. PARAG DHOLAKIA. 4. HDFC BANK LTD. DEPARTMENT FOR SPECIAL OPERATIONS 2ND FLOOR, ESEL CHAMBERS 7 AND 7/1, LALBAGH ROAD, RICHMOND CIRCLE, BENGALURU-560 027, REPRESENTED BY ITS SENIOR MANAGER, SRI. FRANCY RAJU. 5. ASSET RECONSTRUCTION COMPANY (INDIA) LTD., (ARCIIL) THE RUBY, 10TH FLOOR 29, SENAPATHI BAPAT MARG, DADAR (WEST), MUMBAI-400 028, REPRESENTED BY ITS CHIEF MANAGER, SRI. ASHISH SHAHI. 6. JAMMU AND KASHMIR BANK ZONAL OFFICE (SOUTH) UNION STREET OFF INFANTRY ROAD, BENGALURU-560 001, REPRESENTED BY ITS CHIEF MANAGER, MR. FARID AHMED KHAN. 7. SICOM LIMITED SOLITAIRE CORPORATION PARK, BUILDING NO.4, 6TH FLOOR, GURU HARGOVINDJI ROAD, (ANDHERI GHATKOPAL LINK ROAD) CHAKALA, ANDHERI (EAST) MUMBAI, MAHARASHTRA-400 093, REPRESENTED BY ITS ASST. MANAGER SRI. PRAMOD CHAUHAN. - 7 - HC-KAR NC: 2026:KHC:10846 CA No. 6 of 2026 A/W CA No. 260 of 2025 In CA No. 89 of 2025 In CA No. 160 of 2022 8. KSIIDC LIMITED KARNATAKA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED NO.49, KHANIJA BHAVAN, 4TH FLOOR, EAST WING, RACE COURSE ROAD, BENGALURU-560 001, REPRESENTED BY ITS GENERAL MANAGER SRI. ESWARA. 9. BANK OF BAHRAIN AND KUWAIT JOLLY MAKER CHAMBERS II GROUND FLOOR, 225 MARIMAN POINT, MUMBAI-400 021, REPRESENTED BY ITS LEGAL MANAGER SRI. NEMISH KUMAR. 10. CANARA BANK, ARM I BRANCH ASSET RECONSTRUCTION DIVISION, 2ND FLOOR, CIRCLE OFFICE, SPENCER TOWERS, NO.86, M.G. ROAD, BENGALURU-560 001, REPRESENTED BY ITS CHIEF MANAGER SRI. PRASHANT PANDEY. 11. STATE BANK OF INDIA ASSET RECOVERY MANAGEMENT BRANCH MYSORE BANK BUILDING, BKG COMPLEX, A BLOCK, 2ND FLOOR, AVENUE ROAD, BENGALURU-560 009, REPRESENTED BY ITS CHIEF MANAGER, SRI. VENKATARAMAN DAS G. - 8 - HC-KAR NC: 2026:KHC:10846 CA No. 6 of 2026 A/W CA No. 260 of 2025 In CA No. 89 of 2025 In CA No. 160 of 2022 12. CENTRAL BANK OF INDIA MERCHANT BANKING DIVISION DEBENTURE TRUSTEE SECTION, 4TH FLOOR, CEBTRAK BANK BUILDING, M.G. ROAD, FORT, MUMBAI-400 028, REPRESENTED BY ITS AUTHORIZED OFFICER MR. A. KESHAV BANGERA. 13. IFCI LIMITED IFCI BHAVAN, 4TH FLOOR, 2, CUBBONPET MAIN ROAD, N.R. SQUARE, BENGALURU-560 002, REPRESENTED BY ITS ASST. G. MANAGER SRI. P. SIVAKUMAR. 14. ICICI BANK ICICI BANK TOWERS, BANDRA KURLA COMPLEX, BANDRA EAST, MUMBAI-400 051, REPRESENTED BY ITS LEGAL MANAGER. …RESPONDENTS (BY SRI. SHRISHAIL NAVALGUND, ADVOCATE) THIS COMPANY APPLICATION IS FILED UNDER ORDER I RULE 10(2) AND SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH RULES 6 AND 9 OF THE COMPANIES (COURT) RULES, 1959, PRAYING TO IMPLEAD THE RESPONDENT NOS.2 TO 14 IN THE PRESENT APPLICATION AS RESPONDENT NOS.2 TO 14 IN CA NO.89 OF 2025 IN COP NO.160 OF 2005. THESE APPLICATIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 9 - HC-KAR NC: 2026:KHC:10846 CA No. 6 of 2026 A/W CA No. 260 of 2025 In CA No. 89 of 2025 In CA No. 160 of 2022 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned counsel for the applicant in CA No.260/2025 submits that he does not press CA No.260/2025 as such CA No.260/2025 stands dismissed as withdrawn. 2. CA No.6/2026 has been filed to implead the Asset reconstruction company and the banks. 3. Sri Vignesh Shetty accepts notice in CA No.6/2026 for respondent Nos.2 to 14. His submission is that respondent No.2 the Asset Reconstruction Company has taken over the claims of the banks that respondent number Proposed respondent Nos.3 to 14. In that view of the matter, learned counsel for the applicant submitted that he would not press the application in respect of proposed respondent Nos.3 to 14. Since there is no particular objection by Mr.Vignesh Shetty who has accepted notice for - 10 - HC-KAR NC: 2026:KHC:10846 CA No. 6 of 2026 A/W CA No. 260 of 2025 In CA No. 89 of 2025 In CA No. 160 of 2022 respondent No.2 the Asset Reconstruction Company. Hence, CA No.6/2026 is allowed. The said Asset Reconstruction Company is brought on record as respondent No.2. Counsel for the applicant to carry out necessary amendment and file amended cause title. SD/- (SURAJ GOVINDARAJ) JUDGE HB List No.: Sl No.: