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2026 DAILYLAW 39587 (KAR)

MR RAMASWAMY SETTY B N @ RAMASWAMY B N v. THE OFFICIAL LIQUIDATOR OF M/S OMKAR ESTATES PVT LTD., (IN LIQUIDATION)

CA/59/2026 · 2026-09-10

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010199892026 NC: 2026:KHC:49318 CA No. 59 of 2026 In COP No. 192 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M COMPANY APPLICATION NO. 59 OF 2026 IN COMPANY PETITION NO. 192 OF 2011 BETWEEN: MR. RAMASWAMY SETTY B.N., @ RAMASWAMY B.N., S/O. LATE NARASIMHAIAH SETTY, AGED ABOUT 72 YEARS, R/AT MUDIMADUGU VILLAGE, SRINIVASAPURA TALUK, KOLAR DISTRICT - 563 134. …APPLICANT AND: THE OFFICIAL LIQUIDATOR OF M/S. OMKAR ESTATES PVT. LTD., (IN LIQUIDATION) ATTACHED TO THE HON'BLE HIGH COURT OF KARNATAKA, 'CORPORATE BHAVAN', NOS.26 AND 27, 12TH FLOOR, RAHEJA TOWERS, M.G. ROAD, BENGALURU - 560 001. …RESPONDENT (BY SRI. PRAKASH K.A., ADVOCATE FOR SMT. SHILPA N., ADVOCATE) (BY SRI. JAGADEESHGOUD PATIL, ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010199892026 NC: 2026:KHC:49318 CA No. 59 of 2026 In COP No. 192 of 2011 ORAL ORDER Sri. Jagadeeshgoud Patil, counsel for the Official Liquidator, appeared in person. 2. The application is filed seeking the following relief: a) The applicant herein most respectfully pray that this Hon'ble Court be pleased to condone the delay of 1714 days in preferring the claim against the respondent Company (in liquidation) before the Official Liquidator by filing Form No.66 (Under Rule 151 of The Company Court, Rules, 1959)-Affidavit of Proof of Debt dated:08.12.2025 and direct the Official Liquidator to adjudicate the claim made by the applicant herein in accordance with law within the time prescribed by this Hon'ble Court and grant such other relief/ reliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of the case and in the interest of justice and equity. THIS COMPANY APPLICATION IS FILED UNDER SECTION 177 OF THE COMPANIES (COURT) RULES, 1959 READ WITH SECTION 5 OF THE LIMITATION ACT, 1963. THIS COMPANY APPLICATION IS LISTED FOR ORDERS, THIS DAY AN ORDER IS MADE AS UNDER: - 3 - HC-KAR CNR: KAHC010199892026 NC: 2026:KHC:49318 CA No. 59 of 2026 In COP No. 192 of 2011 3. The application is filed to excuse a delay of 1714 days in submitting the proof of claim to the Official Liquidator. Hence, this delay can be excused, and the application is requested to be allowed. The counsel for the Official Liquidator states that the office of the Official Liquidator has no objection to the approval of the application, subject to Rules 178 and 179 of the Companies (Court) Rules, 1959. Counsel for the Official Liquidator further submits that no funds are available to the company in liquidation. 4. The oral submission made by counsel for the Official Liquidator is placed on record. The application papers were perused. 5. Being satisfied with the cause stated in the application, the delay in submitting the proof of claim to the Official Liquidator is excused, subject to Rules 178 and 179 of the Companies (Court) Rules, 1959. The Official Liquidator is directed to adjudicate the applicant's claim in accordance with those Rules. - 4 - HC-KAR CNR: KAHC010199892026 NC: 2026:KHC:49318 CA No. 59 of 2026 In COP No. 192 of 2011 6. Accordingly, C.A.No.59/2026 is disposed of. Sd/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 13