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2026 DAILYLAW 9975 (KAR)

COMMERCIAL TAX DEPARTMENT v. OFFICIAL LIQUIDATOR OF BPL ENGINEERING LTD.

CA/263/2025 · 2026-02-20

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11268 CA No. 263 of 2025 In CA No. 240 of 2024 In COP No. 160 of 2005 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. 263 OF 2025 IN COMPANY APPLICATION NO. 240 OF 2024 IN COMPANY PETITION NO. 160 OF 2005 BETWEEN: COMMERCIAL TAX DEPARTMENT, GOVERNMENT OF TELANGANA, HYDERGUDA - ASHOK NAGAR CIRCLE, ABIDS DIVISION, D.NO:5-4-435, 2ND FLOOR, OLD KAKTIYA BUILDING, NAMPALLY STATION ROAD, NAMPALLY, HYD-500 001, REPRESENTED BY ITS COMMERCIAL TAX OFFICER AND ASSISTANT COMMISSIONER (ST) …APPLICANT (BY SRI. MANU PRABHAKAR KULKARNI, ADVOCATE) AND: 1. OFFICIAL LIQUIDATOR OF BPL ENGINEERING LTD. ATTACHED TO HIGH COURT OF KARNATAKA, “CORPORATE BHAVAN”, NO.26-27, 12TH FLOOR, RAHEJA TOWERS, M.G. ROAD, BENGALURU- 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11268 CA No. 263 of 2025 In CA No. 240 of 2024 In COP No. 160 of 2005 2. STRESSED ASSETS STABILIZATION FUND - SASF 3RD FLOOR, IDBI TOWER, WTC COMPLEX, CUFFE PARADE, MUMBAI-400 005, REPRESENTED BY ITS DY. GENERAL MANAGER MR. RAHUL KULKARNI. 3. KOTAK MAHINDRA BANK LTD. ASSETS RECONSTRUCTION DIVISION, 5TH FLOOR, SAMSON TOWER, NO.402-L, PANTHEON ROAD, EGMORE, CHENNAI-600 008, REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT MR. PARAG DHOLAKIA. 4. HDFC BANK LTD. DEPARTMENT FOR SPECIAL OPERATIONS 2ND FLOOR, ESEL CHAMBERS 7 AND 7/1, LALBAGH ROAD, RICHMOND CIRCLE, BENGALURU-560 027, REPRESENTED BY ITS SENIOR MANAGER, SRI. FRANCY RAJU. 5. ASSET RECONSTRUCTION COMPANY (INDIA) LTD., (ARCIIL) THE RUBY, 10TH FLOOR 29, SENAPATHI BAPAT MARG, DADAR (WEST), MUMBAI-400 028, REPRESENTED BY ITS CHIEF MANAGER, SRI. ASHISH SHAHI. 6. JAMMU AND KASHMIR BANK ZONAL OFFICE (SOUTH) UNION STREET OFF INFANTRY ROAD, BENGALURU-560 001, REPRESENTED BY ITS CHIEF MANAGER, MR. FARID AHMED KHAN. - 3 - HC-KAR NC: 2026:KHC:11268 CA No. 263 of 2025 In CA No. 240 of 2024 In COP No. 160 of 2005 7. SICOM LIMITED SOLITAIRE CORPORATION PARK, BUILDING NO.4, 6TH FLOOR, GURU HARGOVINDJI ROAD, (ANDHERI GHATKOPAL LINK ROAD) CHAKALA, ANDHERI (EAST) MUMBAI, MAHARASHTRA-400 093, REPRESENTED BY ITS ASST. MANAGER SRI. PRAMOD CHAUHAN. 8. KSIIDC LIMITED KARNATAKA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED NO.49, KHANIJA BHAVAN, 4TH FLOOR, EAST WING, RACE COURSE ROAD, BENGALURU-560 001, REPRESENTED BY ITS GENERAL MANAGER SRI. ESWARA. 9. BANK OF BAHRAIN AND KUWAIT JOLLY MAKER CHAMBERS II GROUND FLOOR, 225 MARIMAN POINT, MUMBAI-400 021, REPRESENTED BY ITS LEGAL MANAGER SRI. NEMISH KUMAR. 10. CANARA BANK, ARM I BRANCH ASSET RECONSTRUCTION DIVISION, 2ND FLOOR, CIRCLE OFFICE, SPENCER TOWERS, NO.86, M.G. ROAD, BENGALURU-560 001, REPRESENTED BY ITS CHIEF MANAGER SRI. PRASHANT PANDEY. 11. STATE BANK OF INDIA ASSET RECOVERY MANAGEMENT BRANCH MYSORE BANK BUILDING, BKG COMPLEX, A BLOCK, 2ND FLOOR, AVENUE ROAD, BENGALURU-560 009, - 4 - HC-KAR NC: 2026:KHC:11268 CA No. 263 of 2025 In CA No. 240 of 2024 In COP No. 160 of 2005 REPRESENTED BY ITS CHIEF MANAGER, SRI. VENKATARAMAN DAS G. 12. CENTRAL BANK OF INDIA MERCHANT BANKING DIVISION DEBENTURE TRUSTEE SECTION, 4TH FLOOR, CEBTRAK BANK BUILDING, M.G. ROAD, FORT, MUMBAI-400 028, REPRESENTED BY ITS AUTHORIZED OFFICER MR. A. KESHAV BANGERA. 13. IFCI LIMITED IFCI BHAVAN, 4TH FLOOR, 2, CUBBONPET MAIN ROAD, N.R. SQUARE, BENGALURU-560 002, REPRESENTED BY ITS ASST. G. MANAGER SRI. P. SIVAKUMAR. 14. ICICI BANK ICICI BANK TOWERS, BANDRA KURLA COMPLEX, BANDRA EAST, MUMBAI-400 051, REPRESENTED BY ITS LEGAL MANAGER. …RESPONDENTS (BY SRI. SHRISHAIL NAVALGUND, ADVOCATE FOR R1; SRI. T.P. MUTHANNA, ADVOCATE FOR R2 TO R7 AND R9 TO R11) THIS COMPANY APPLICATION IS FILED UNDER ORDER I RULE 10(2) AND SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH RULE 6 AND 9 OF THE COMPANIES (COURT) RULES, 1959, PRAYING TO IMPLEAD THE APPLICANT AS RESPONDENT NO.14 IN C.A. NO.240 OF 2024 IN COP NO.160 OF 2005. THIS APPLICATION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:11268 CA No. 263 of 2025 In CA No. 240 of 2024 In COP No. 160 of 2005 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. CA 263/2025 has been filed under Order I Rule 10(2) and Section 151 of the Code Of Civil Procedure, 1908 Read With Rule 6 and 9 of the Companies (Court) Rules, 1959, seeking for the following reliefs: “(a) Implead the Applicant as Respondent No.14 in C.A. No. 240 of 2024 in COP No.160 of 2005; Proposed Respondent No.14: Commercial Tax Department, Government of Telangana, Hyderguda Ashok Nagar Circle, Abids Division D. No: 5-4-435, 2nd Floor, Old Kaktiya Building, Nampally Station Road, Nampally, Hyd-500001 Represented by its Commercial Tax Officer and Assistant Commissioner (ST) (b) To pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice and equity.” 2. By way of the above application, the Commercial Tax Department wants to come in CA No.240/2024 contending that it has a claim over the properties - 6 - HC-KAR NC: 2026:KHC:11268 CA No. 263 of 2025 In CA No. 240 of 2024 In COP No. 160 of 2005 and the assets. Accepting the reasons stated therein and being of the opinion that any order passed in CA No.240/2024 would have a bearing on the Commercial Tax Department. 3. CA No.263/2025 is allowed. 4. Counsel for the applicant in CA No.240/2024 to carry out necessary amendment and file amended cause title. SD/- (SURAJ GOVINDARAJ) JUDGE HB List No.: Sl No.: