- 1 - HC-KAR NC: 2026:KHC:15150 CA No. 42 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE COMPANY APPLICATION NO. 42 OF 2021 IN COP NO.132 OF 2011 BETWEEN: OFFICIAL LIQUIDATOR OF M/S ORDYN TECHNOLOGIES PRIVATE LIMITED ATTACHED TO THE HON'BLE HIGH COURT OF KARNATAKA CORPORATE BHAVAN, NO.26-27, 12TH FLOOR, RAHEJA TOWERS M G ROAD, BANGALORE-560 001. …APPLICANT (BY SMT.KRUTHIKA RAGHAVAN.,ADVOCATE) AND: M/S CUBE TELECOM PVT LIMITED KHASRA NO.643, EXTN, LAL DORA, ALIPUR, NEW DELHI-110 036. ALTERNATIVE ADDRESS M/S CUBE TELECOM PVT LIMITED N-14, SECTOR 12, NOIDA, UTTAR PRADESH-201 301. AND M/S CUBE TELECOM PVT LIMITED D-238, SECTOR-10, NOIDA-201 301 UTTAR PRADESH, INDIA. …RESPONDENT (BY SRI.SHYAM V PRASAD.,ADVOCATE) Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15150 CA No. 42 of 2021 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) TOWARDS SUPPLY OF MATERIAL AND SERVICE, PRAYING TO A) THAT THE RESPONDENTS HEREIN BE ORDERED AND DECREED TO PAY TO THE APPLICANT A SUM OF RS.5,12,475/- WITH FUTURE INTEREST AT 18% PER ANNUM FROM 01.01.2021 TO TILL THE DATE OF PAYMENT AND B) TO ORDER OF COSTS OF THE APPLICATION AND ETC., THIS COMPANY APPLICATION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This application is filed in COP No.132/2011. 2. M/s Ordyn Technologies Private Limited is the Company in liquidation and it is ordered to be wound up by an order dated 03.11.2017 in the aforementioned Company Petition No.132/2011. 3. The applicant/Official Liquidator claims that the respondent/Company viz., Cube Telecom Private Limited had the trade dealing with the Company in liquidation. It is claimed that the respondent/Company owed Rs.2,51,202/- - 3 - HC-KAR NC: 2026:KHC:15150 CA No. 42 of 2021 as on 31.03.2015 to the Company in liquidation in connection with the trade dealings. 4. It is claimed that respondent No.1 placed purchase orders for supply of STM1 SDH ordyn make OR- 1230 with cards and accessories. It is stated that the said supply was made by the applicant-Company and goods are delivered to the respondents. The Ex-directors of the Company in liquidation sent a demand notice on 07.08.2013 to clear the outstanding dues however, same is not paid. 5. Upon the winding up orders on 03.11.2017, the Official Liquidator issued demand notices on 05.07.2019 and 19.10.2020 based on the details submitted by the Ex- directors of the Company in liquidation. Said Notices returned with an endorsement "Door Locked". It is claimed no payment is made and for this reason, the application is filed seeking a direction to pay Rs.5,12,475/- with future interest @ 18% per annum from 01.01.2021 till date. 6. The applicant claims that there are 5 purchase orders starting from 01.04.2012 to 04.01.2013 amounting to - 4 - HC-KAR NC: 2026:KHC:15150 CA No. 42 of 2021 Rs.32,60,787/- and it is stated that Rs.30,09,585/- is repaid and Rs.2,51,202/- is the amount due and applicant claims Rs.2,60,273/- towards interest @ 18% per annum from 01.04.2015 to 31.12.2020. 7. The statement of objection is not filed by the respondents. Evidence is led by the applicant. The applicant has produced the invoices and the bank statements. This evidence is not contested. 8. Considering the materials on record, this Court has no reason to reject the claim made. However, the Court is of the view that interest @ 18% per annum claimed from the date of the application till the date of payment is on higher side. Hence, the interest rate is reduced to 12% per annum from the date of the application till the date of payment. 9. Hence the following: - 5 - HC-KAR NC: 2026:KHC:15150 CA No. 42 of 2021 ORDER (a) The application is allowed-in-part. (b) The respondents are jointly and severally liable to pay Rs.5,12,475/- to the applicant along with interest @ 12% per annum on the principal amount of Rs.2,51,202/- till repayment. Sd/- (ANANT RAMANATH HEGDE) JUDGE brn List No.: 1 Sl No.: 20