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2026 DAILYLAW 48888 (KAR)

M/S VORA SOAPS LIMITED v. DR M P BABITHA

CA/980/2015 · 2026-01-23

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:4130 CA No. 980 of 2015 IN COP NO.282 OF 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ COMPANY APPLICATION NO. 980 OF 2015 IN COMPANY PETITION NO.282 OF 2013 BETWEEN: M/S VORA SOAPS LIMITED EASTERN EXPRESS HIGHWAY VIKHROLI (EAST) MUMBAI-400079 …APPLICANT (BY SMT. JYOTHI BHAT, ADVOCATE) AND: 1. DR. M.P. BABITHA W/O SRI. P. RAJASHEKAR M.N. AGED 42 YEARS, PRESENTLY RESIDING AT NO.15, GOVINDA TULASI NILAYA, 15TH CROSS, LINGARAJANAGAR NORTH, HUBLI-5580031 PERMANENT RESIDENT OF LIG-156, II STAGE, KHB COLONY, KUVEMPU NAGAR, MYSORU-570023 2. AVESTHAGEN LIMITED REGISTERED OFFICE AT: UNIT 3, "DISCOVERER", 9TH FLOOR, INTERNATIONAL TECH PARK (ITPL) WHITEFIELD ROAD, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4130 CA No. 980 of 2015 IN COP NO.282 OF 2013 BENGALURU-560066 ALSO AT: AVESTHAGEN ONE, NO.7/6, BRUNTON ROAD, BENGALURU-560025 KARNATAKA, INDIA 3. OFFICIAL LIQUIDATOR HAVING ITS OFFICE AT CORPORATE BHAVAN, 26-27, 12TH FLOOR, RAHEJA TOWER, M.G. ROAD, BENGALURU-560001 …RESPONDENTS (BY SRI. HARSHA SWAROOP P., ADVOCATE) THIS COMPANY APPLICATION IS FILED UNDER SECTION 5 OF LIMITATION ACT PRAYING TO CONDONE THE DELAY IN FILING THE APPLICATION TO RECALL THE ORDER DATED 10.07.2015 AND ALSO PERMIT THE APPLICANT TO FILE THE APPLICATION FOR SUSPENDING THE NOTICE DATED 10.07.2015 AND CONSEQUENT NOTICES. THIS APPLICATION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. This application is filed seeking to condone the delay and to recall the order dated 10.07.2015 and also permit the applicant to file the application for suspending the notice dated 10.07.2015. - 3 - HC-KAR NC: 2026:KHC:4130 CA No. 980 of 2015 IN COP NO.282 OF 2013 2. It is not in dispute that during the pendency of the above company petitions, the applicant purchased certain properties from the company in liquidation. The sale deeds were executed on 23.10.2014 and 31.10.2014 whereas the company petitions were filed on 11.12.2013 and 03.02.2014 i.e., prior to the execution of the said sale deeds. 3. It is thus clear that the sale in favour of the applicant is subsequent to the filing of the company petitions and at this juncture, would prima facie amount to fraudulent transactions. 4. Hence, an application seeking stay of the notice dated 10.07.2015 issued by the Provisional Liquidator to take possession of the subject property, cannot be considered, since ex-facie the sale is subsequent to the filing of the present company petition. 5. In that view of the matter, C.A.No.980/2015 is dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE HJ List No.1: Sl.No.5