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2026 DAILYLAW 26070 (KAR)

PIYUSH KISANLAL JANI v. OFFICE OF OFFICIAL LIQUIDATOR

CA/90/2026 · 2026-07-01

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:33094 CA No. 90 of 2026 IN COP No. 40 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ COMPANY APPLICATION NO. 90 OF 2026 IN COMPANY PETITION NO. 40 OF 2015 BETWEEN: PIYUSH KISANLAL JANI AGED ABOUT 45 YEARS, INTERIM RESOLUTION PROFESSIONAL OF AVESTHAGEN LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, AND HAVING ITS REGISTERED OFFICE AT AVESTHAGEN ONE NO. 7/6 BRUNTON ROAD, BENGALURU 560 025 …APPLICANT (BY SRI. P JOHN., ADVOCATE) AND: 1. OFFICE OF OFFICIAL LIQUIDATOR HIGH COURT OF KARNATAKA, CORPORATE BHAVAN, 12TH FLOOR, RAHEJA TOWERS, M G ROAD, BENGALURU 560 001 2. PANACEA BIOTECH LIMITED A COMPANY INCORPORATED UNDER THE LAWS OF INDIA, HAVING ITS REGISTERED OFFICE AT AMBALA CHANDIGARH HIGHWAY LALRU 140501 PUNJAB AND HEAD OFFICE AT B-1 EXTN., G-3 MOHAN CO OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI 110 044 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33094 CA No. 90 of 2026 IN COP No. 40 of 2015 (REPRESENTED BY MR VINOD GOEL) …RESPONDENTS (BY SRI. JAGADEESH GOUD PATIL., FOR OL-R1; SRI. SHREYAS JAYASIMHA., ADVOCATE FOR R2) THIS IS COMPANY APPLICATION IS FILED UNDER RULE 6 AND 9 OF COMPANY COURT RULES 1959, PRAYING TO VACATE THE ORDER APPOINTING THE OFFICIAL LIQUIDATOR/PROVISIONAL LIQUIDATOR AND HANDOVER THE POSSESSION OF ASSETS OWNED BY AVESTHAGEN LIMITED TO THE INTERIM RESOLUTION PROFESSIONAL, PIYUSH KISANLAL JANI ATTACHED VIDE ORDER DATED 28.07.2015 IN COMPANY APPLICATION NO.133 OF 2015 WHICH WAS ALLOWED IN TERMS OF CA NO.2393 OF 2013 THIS IS COMPANY APPLICATION, COMING ON FOR ARGUMENTS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. CA No.90/2026 has been filed seeking for the following relief: a. Vacate the order appointing the Official Liquidator/Provisional Liquidator and handover the possession of assets owned by Avesthagen Limited to the Interim Resolution Professional, Piyush Kisanlal Jani, attached vide order dated 28.07.2015 in Company Application No.133 of 2015 which was allowed in terms of CA No.2393 of 2013. 2. The IRP has filed an application in CA No.90/26 placing on record that vide order dated 6.2.2026 in CPIB No.161/BB/2024 the company has been admitted to insolvency process and Interim Resolution Person has been appointed. - 3 - HC-KAR NC: 2026:KHC:33094 CA No. 90 of 2026 IN COP No. 40 of 2015 3. In that view of the matter, the above matter would be required to be transferred to the NCLT. Hence, the registry is directed to forward the files in the present matter to the NCLT. The official liquidator who has been appointed as a provisional liquidator is directed to hand over the possession of the assets and or documents available with the official liquidator to the Interim Resolution Professional as per the directions issued by the NCLT. CA No.90/2026 stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: Sl No.: