- 1 - HC-KAR CNR: KAHC010423152023 NC: 2026:KHC:39853 CA No. 256 of 2023 In COP No.11 of 2006 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M COMPANY APPLICATION NO.256 OF 2023 IN COMPANY PETITION NO.11 OF 2006 BETWEEN: OFFICIAL LIQUIDATOR OF M/S. AL-AMEEN ISLAMIC FINANCIAL AND INVESTMENT CORPORATION (INDIA) LIMITED, (IN LIQN), ATTACHED TO HIGH COURT OF KARNATAKA, CORPORATE BHAVAN, NO.26-27, 12TH FLOOR, RAHEJA TOWERS, M.G.ROAD, BENGALURU-560001. …APPLICANT (BY SRI. SHRISHAIL NAVALGUND, ADVOCATE FOR OL) AND: 1. SUB-REGISTRAR, THANE PROPERTY REGISTRATION OFFICE, AHILYADEVI HOLKAR MARG, ADJ. TO GADKARI RANGAYATAN, NAUPADA, THANE WEST, THANE-400602. 2. SENIOR POLICE INSPECTOR, ECONOMICS OFFICES WING, COMMISSIONERATE OF POLICE, NEAR POLICE PARADE GROUND, THANE-400601. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010423152023 NC: 2026:KHC:39853 CA No. 256 of 2023 In COP No.11 of 2006 3. THE CHAIRMAN, RIZVI BAUG CO-OPERATIVE HOUSING SOCIETY LTD., SHOP NO.40-41, F WING, RIZVI BAUG, OPP. MUMBRA RAILWAY STATION, MUMBRA DISTRICT, THANE-400612. 4. MR. J.SHAFIULLA, MAJOR, S/O. LATE H.ABDUL JALEEL, NO.10, 6TH CROSS, LBF ROAD, DODDAMAVALLI, BENGALURU-560004. 5. MR. ZUBAIR ANWAR, MAJOR, S/O. ANWAR NOOR MOHAMMED, NO.18, MILLER TANK BUND ROAD, CAUVERIAPPA LAYOUT, BENGALURU-560052. 6. MR. G.R.RIYAZ AHMED, MAJOR, S/O. LATE ABDUL RAWOOF, NO.9, 2ND CROSS, SUSHEELA ROAD, DODDAMAVALLI, BENGALURU-560004. 7. MR. HUSSAIN SHERIFF, MAJOR, S/O. LATE ABDUL RAHMAN, NO.22, 4TH CROSS, OLD PENSION MOHALLA, MYSORE ROAD, BENGALURU-560018. 8. MR. IMTIAZ PASHA, MAJOR, NO.175, BADA MACKAN, H.SIDDAIAH ROAD, BENGALURU-560027. …RESPONDENTS (BY SRI. NATARAJ BALLAL, ADVOCATE FOR R4 TO R6; VIDE COURT ORDER DATED 08.11.2023, SERVICE OF NOTICE TO R1, R2, R3, R7 AND R8 HELD SUFFICIENT) - 3 - HC-KAR CNR: KAHC010423152023 NC: 2026:KHC:39853 CA No. 256 of 2023 In COP No.11 of 2006 THIS COMPANY APPLICATION IS FILED UNDER SECTION 477 OF THE COMPANIES ACT, 1956. THIS COMPANY APPLICATION IS LISTED FOR ORDERS, THIS DAY AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Shrishail Navalgund., counsel for the Official Liquidator and Sri.Nataraj Ballal., counsel for respondents 4 to 6 have appeared in person. Notice to respondents 1 to 3, 7 and 8 was issued. A perusal of the daily order sheet reflects that notice to respondents 1 to 3, 7 and 8 was held sufficient vide order dated:08.11.2023. They have neither engaged the services of an advocate nor conducted the case as a party in person. 2. The application is filed to issue summons to the respondents for examination and production of all the books and records related to assets of the Company (In Liquidation) in their possession including the assets as stated at para No.4 of this application so that liquidation proceedings based on - 4 - HC-KAR CNR: KAHC010423152023 NC: 2026:KHC:39853 CA No. 256 of 2023 In COP No.11 of 2006 information made available by the respondents in accordance with law can be initiated. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 4. Suffice it to note that there were several rounds of communications between the Official Liquidator and the respondents regarding the furnishing of the information of the title deeds of the properties mentioned below. SL No. Flat No. Address and particulars of the Flat 1 B/105 1st Floor, measuring 250 Sq. ft built up area building constructed on Land bearing No. 69, Hissa 3-B(Pt), Mumbra Village, Thane District. 2 B/106 1st Floor, measuring 415 Sq. ft built up area building constructed on Land bearing No. 69, Hissa 3-B(Pt), Mumbra Village, Thane District. 3 B/107 1st Floor, measuring 415 Sq. ft built up area building constructed on Land bearing No. 69, Hissa 3-B(Pt), Mumbra Village, Thane District. - 5 - HC-KAR CNR: KAHC010423152023 NC: 2026:KHC:39853 CA No. 256 of 2023 In COP No.11 of 2006 4 C/108 1st Floor, measuring 415 Sq. ft built up area building constructed on Land bearing No. 69, Hissa 3-B(Pt), Mumbra Village, Thane District. 5 C/109 1st Floor, measuring 415 Sq. ft built up area building constructed on Land bearing No. 69, Hissa 3-B(Pt), Mumbra Village, Thane District. 6 C/110 1st Floor, measuring 250 Sq. ft built up area building constructed on Land bearing No. 69, Hissa 3-B(Pt), Mumbra Village, Thane District. 7 C/111 1st Floor, measuring 250 Sq. ft built up area building constructed on Land bearing No. 69, Hissa 3-B(Pt), Mumbra Village, Thane District. 8 Lease Hold property at Dongri, Mumbai (No address details are available on this property). However, there was no proper response from the respondents. Under these circumstances, the Official Liquidator is seeking to issue summons as prayed in the prayer column. It is almost nineteen years since a company has been wound up vide Order dated 08.01.2007 passed by this court in Company Petition No.11/2006. In the absence of relevant documents as required for properties, the winding up has stalled and the whole process of liquidation and is causing - 6 - HC-KAR CNR: KAHC010423152023 NC: 2026:KHC:39853 CA No. 256 of 2023 In COP No.11 of 2006 prejudice to the stakeholders. Moreover, the sale of these properties and subsequent distribution of the assets would conclude the winding up proceedings and allow the Office of the Official Liquidator to finally put this matter to rest. Taking note of Section 477 of the Companies Act, 1956, this Court deems it proper to issue summons to the first and second respondent to appear before this Court without fail on 03.09.2026. The Registry is directed to issue and transmit the summons through the Jurisdictional Commissioner for service upon Respondents Nos. 1 and 2. 5. The application in C.A.No.256/2023 is allowed in part. The application as far as the issue of summons to the other respondents is kept pending. SD/- (JYOTI M) JUDGE MRP List No.: 2 Sl No.: 11