MS. SMARTINA. P v. M/S. MYSORE TOOLS LIMITED (IN LIQUIDATION)
CA/229/2025 · 2026-01-30
Suraj Govindaraj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 50245 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 50245 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:5393 CA No.229 of 2025 in COP No.3 of 1975
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ COMPANY APPLICATION NO. 229 OF 2025 IN COMPANY PETITION NO. 3 OF 1975 BETWEEN:
MS. SMARTINA. P AGED ABOUT 45 YEARS D/O K.K. PAPUKUTTY NO.8/9, NEAR RCI ROAD, BANDANGPET, SAROORNAGAR, MEERPET RANGAREDDI, ANDHRA PRADESH - 500 097
…APPLICANT (BY SRI. THOMAS VIJAY PETER., ADVOCATE)
AND:
1.
M/S. MYSORE TOOLS LIMITED (IN LIQUIDATION) REPRESENTED BY THE OFFICIAL LIQUIDATOR, HIGH COURT OF KARNATAKA 12TH FLOOR, RAHEJA TOWERS, M.G.ROAD, BANGALORE – 560001
2.
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD KIADB HEAD OFFICE, 1/3, 2ND FLOOR, R.P.BUILDINGS, NRUPATUNGA ROAD, BENGALURU - 560001.
…RESPONDENTS
THIS COMPANY APPLICATION IS FILED UNDER SECTION 446 OF THE COMPANIES ACT 1956 R/W RULE 6 AND 9 OF THE COMPANY COURT RULES 1959 PRAYING TO RECALL THE WINDING UP ORDER
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:5393 CA No.229 of 2025 in COP No.3 of 1975
PASSED ON 20.07.1982 AND RESTORE THE COMPANY STATUS IN THE ROC AND ETC.
THIS COMPANY APPLICATION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. CA No.229/2025 has been filed seeking for the following reliefs; a. Recall the Winding up order passed on 20.07.1982 and restore the company status in the ROC.
b. Direct the 2nd Respondent to handover the land contained in Sy.No.83 of Sadaramangala Village.
c. Pass such other order or direction that may be necessary in the circumstances of the case, in the interest of justice and equity.
2. Registry has raised an objection as to how such an application is maintainable in view of the dissolution of the company.
3.
Learned counsel for the applicant submits that there is an Original Side Appeal in OSA No.12/2018, which had been filed and therefore seeks for a short accommodation to verify the status thereon and
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HC-KAR NC: 2026:KHC:5393 CA No.229 of 2025 in COP No.3 of 1975
make a submission. Since the status of all the matters are available on the website, this Court verified the status of OSA and it was found that the said OSA has been withdrawn on 09.06.2023. In that view of the matter, when the OSA has been withdrawn, there being no other appeal filed, the company having been dissolved, the above CA No.229/2025 is not maintainable. As such, I pass the following:
ORDER i) CA No.229/2025 is dismissed. ii) Liberty is reserved to the applicant to avail such remedies as may be available under law.
SD/- (SURAJ GOVINDARAJ) JUDGE
PRS List No.: 1 Sl No.: 29