- 1 - HC-KAR NC: 2026:KHC:10870 CA No. 213 of 2025 In COP No. 83 of 1993 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ COMPANY APPLICATION NO. 213 OF 2025 IN COMPANY PETITION NO. 83 OF 1993 BETWEEN: THE OFFICIAL LIQUIDATOR OF M/S. KARNATAKA VYAVASAYA VARTHAKARA SANGHA LIMITED (IN LIQUIDATION) HIGH COURT OF KARNATAKA, ‘CORPORATE BHAVAN’, NO.26-27, 12TH FLOOR, RAHEJA TOWERS, M.G. ROAD, BENGALURU-560 001. …APPLICANT (BY SRI. SHRISHAIL NAVALGUND, ADVOCATE) AND: 1. MR. MUJEEB REHMAN R/AT 2-10-815/3, BEJAI NEW ROAD, BEJAI, MANGALURU, DAKSHINA KANNADA-575 004. 2. THE COMMERCIAL TAX OFFICER OFFICE OF THE COMMERCIAL TAX OFFICER, (ADUDIT)-5, VANIJYA THERIGE BHAVAN, 6TH FLOOR, MAIDAN ROAD, MANGALURU. …RESPONDENTS (BY SRI. SHREEHARI KUTSA, ADVOCATE FOR R1; SMT. SPOORTHI V., HCGP FOR R2) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10870 CA No. 213 of 2025 In COP No. 83 of 1993 THIS COMPANY APPLICATION IS FILED UNDER RULE 6 AND 9 OF THE COMPANIES (COURT) RULES, 1959, PRAYING: (A) TO RECTIFY THE ORDER DATED 28.03.2024 PASSED IN OLR NO. 105/2023 BY DELETING THE REFERENCE OF SURVEY NO.190/1A2; 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.213/2025 has been filed under Rule 6 and 9 of the Companies (Court) Rules, 1959, seeking for the following reliefs: “a. To rectify the order dated 28.03.2024 passed in OLR No.105/2023 by deleting the reference of survey No.190/1A2B. b. To permit the Official Liquidator to keep of the execution of the sale (order dated 28.03.2024 in OLR No. 105/2023) in abeyance for three months, to provide appropriate time to the Commercial Tax Officer, Mangaluru -Respondent No. 2 for completion of adjudication of liability. C. To permit the Official Liquidator to proceed with the execution of the sale deed in favour of Mr. Mujeeb Rehman, the purchaser - Respondent No. 1, in the event the Commercial Tax Officer, Mangaluru- Respondent No.2 fails to complete the adjudication within the aforesaid period of three months, subject to prior intimation to Respondent No. 2. And/or - 3 - HC-KAR NC: 2026:KHC:10870 CA No. 213 of 2025 In COP No. 83 of 1993 d. To pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 2. Insofar as reliefs at B and C are concerned, the time which had been sought for was only 3 months. CA No.213/2025 has been filed on 30.07.2025, more than 3 months have elapsed since consideration of prayers at B and C does not arise. 3. Insofar as Prayer A is concerned, the submission of learned counsel for the official liquidator is that by inadvertence in OLR No.105/2023 which had been filed and earlier there is a reference made to Survey No.190/1A2B which is not the property of the company in liquidation but belongs to one other company. 4. Insofar as this deletion is concerned the auction purchaser who has entered appearance submits that he has no objection for such deletion and he would pay the amount that he has bid for even after the - 4 - HC-KAR NC: 2026:KHC:10870 CA No. 213 of 2025 In COP No. 83 of 1993 deletion of Survey No.190/1A2B without claiming any deduction. 5. In view of the auction purchaser having agreed to the said deletion and the submission of learned counsel for the official liquidator that the said error is a bona fide error due to inadvertence, the same is accepted. 6. CA No. 213/2025 is partly allowed. 7. The order dated 28.03.2024 passed in OLR No.105/2023 is modified by deleting the reference to Survey No.190/1A2B. This order shall be read in conjunction with the Order dated 28.03.2024. 8. The official liquidator is permitted to execute a sale deed in favour of the auction purchaser for the properties permitted in OLR No.105/2023 by deleting the reference to Survey No.190/1A2B, which shall be carried out within a period of 30 days from the - 5 - HC-KAR NC: 2026:KHC:10870 CA No. 213 of 2025 In COP No. 83 of 1993 auction purchaser furnishing a copy of the draft sale deed for approval to the official liquidator. SD/- (SURAJ GOVINDARAJ) JUDGE HB List No.: Sl No.: