Karnataka High Court
Smt. Geeta vs The Official Liquidator on 30 August, 2023
Bench: R Devdas
-1-
NC: 2023:KHC:31389
CA No. 239 of 2023
C/W CA No. 240 of 2023
CA No. 241 of 2023
IN COP NO.166/2001
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
COMPANY APPLICATION NO.239 OF 2023
C/W
COMPANY APPLICATION NO.240 OF 2023
COMPANY APPLICATION NO.241 OF 2023
IN
COMPANY PETITION NO.166/2001
IN CA No.239/2023
BETWEEN:
1. SRI R.T.VENKATESH RAO
S/O (LATE) R.T.NARAYAN RAO
AGED 70 YEARS,
R/O 'A' BLOCK, 60 FEET ROAD,
VIDYANAGAR, HARIHARA-577301
DAVANAGERE DIST
...APPLICANT
Digitally signed by
JUANITA THEJESWINI (BY SRI. PRABHU L., & SRI GEORGE CRUZVINU, ADVOCATES)
Location: HIGH COURT
OF KARNATAKA
AND:
1. THE OFFICIAL LIQUIDATOR
OF THE MYSORE KIRLOSKAR LTD (IN LIQN)
12TH FLOOR, RAHEJA TOWERS,
M G ROAD, BANGALORE-560001
...RESPONDENT
(BY SRI.SHRISHAIL NAVALGUND, ADVOCATE)
THIS COMPANY APPLICATION IS FILED UNDER RULE 6 &
9 OF THE COMPANY (COURT) RULES 1959 PRAYING TO DIRECT
-2-
NC: 2023:KHC:31389
CA No. 239 of 2023
C/W CA No. 240 of 2023
CA No. 241 of 2023
IN COP NO.166/2001
THE OFFICIAL LIQUIDATOR CONFORMATION/RATIFICATION OF
SALE DEED DATED: 30.03.2016 BEFORE THE SUB REGISTER
HARIHAR AS MENTIONED IN THE BELOW SCHEDULE
PROPERTIES IN FAVOUR OF THE APPLICANTS IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.,
IN CA No.240/2023
BETWEEN:
1. SMT GEETA
W/O (LATE) R.T.RAMACHANDRA RAO
AGED ABOUT 68 YEARS
2. SRI.R.T.SHASHIKANTH
S/O (LATE) R.T.RAMACHANDRA RAO
AGED ABOUT 46 YEARS
3. SRI CHANDRAKANTH R.T.
S/O (LATE) R.T.RAMACHANDRA RAO
AGED ABOUT 45 YEARS
THE APPELLANTS NO.1 TO 3 ARE
RESIDING IN R/O NAVARATHNA NILAYA
60FT ROAD, BESIDE GOVERNMENT HOSPITAL
VIDYANAGAR, HARIHARA - 577 601
DAVANGERE DISTRICT.
...APPLICANTS
(BY SRI. PRABHU L., & SRI GEORGE CRUZVINU, ADVOCATES)
AND:
1. THE OFFICIAL LIQUIDATOR
OF THE MYSORE KIRLOSKAR LTD (IN LIQN)
12TH FLOOR, RAHEJA TOWERS,
M G ROAD, BANGALORE-560001
...RESPONDENT
(BY SRI.SHRISHAIL NAVALGUND, ADVOCATE)
-3-
NC: 2023:KHC:31389
CA No. 239 of 2023
C/W CA No. 240 of 2023
CA No. 241 of 2023
IN COP NO.166/2001
THIS COMPANY APPLICATION IS FILED UNDER RULE 6 &
9 OF THE COMPANY (COURT) RULES 1959 PRAYING TO DIRECT
THE OFFICIAL LIQUIDATOR CONFORMATION/RATIFICATION OF
SALE DEED DATED: 30.03.2016 BEFORE THE SUB REGISTER
HARIHAR AS MENTIONED IN THE BELOW SCHEDULE
PROPERTIES IN FAVOUR OF THE APPLICANTS IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.,
IN CA No.241/2023
BETWEEN:
1. SMT. KOUSALYA SAAKARE
W/O LATE HALESHA RAO
AGED ABOUT 76 YEARS
R/O #703, KOYA BUILDING
OPP. VINAYAKA TEMPLE
VINAYAKA NAGAR, KODIYAL
KUMARAPATTANAM, HAVERI
RANEBENNUR, KARNATAKA - 561 123.
2. SRI.ARUN KUMAR SAAKARE
S/O LATE HALESHA RAO
AGED ABOUT 51 YEARS
R/O J 4/8, GRASIM STAFF COLONY
KAWALETTU,
KUMARAPATTANAM, HAVERI
RANEBENNUR, KARNATAKA - 561 123.
3. SRI KARAN SAAKARE
S/O LATE HALESHA RAO
AGED ABOUT 49 YEARS
R/O #703, KOYA BUILDING
OPP. VINAYAKA TEMPLE
VINAYAKA NAGAR, KODIYAL
KUMARAPATTANAM, HAVERI
RANEBENNUR, KARNATAKA - 561 123.
...APPLICANTS
(BY SRI. PRABHU L., & SRI GEORGE CRUZVINU, ADVOCATES)
-4-
NC: 2023:KHC:31389
CA No. 239 of 2023
C/W CA No. 240 of 2023
CA No. 241 of 2023
IN COP NO.166/2001
AND:
1. THE OFFICIAL LIQUIDATOR
OF THE MYSORE KIRLOSKAR LTD (IN LIQN)
12TH FLOOR, RAHEJA TOWERS,
M G ROAD, BANGALORE-560001
...RESPONDENT
(BY SRI.SHRISHAIL NAVALGUND, ADVOCATE)
THIS COMPANY APPLICATION IS FILED UNDER RULE 6 &
9 OF THE COMPANY (COURT) RULES 1959 PRAYING TO DIRECT
THE OFFICIAL LIQUIDATOR CONFORMATION/RATIFICATION OF
SALE DEED DATED: 30.03.2016 BEFORE THE SUB REGISTER
HARIHAR AS MENTIONED IN THE BELOW SCHEDULE
PROPERTIES IN FAVOUR OF THE APPLICANTS IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.,
THESE APPLICATIONS, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
These three company applications raise similar issues
and therefore, these applications are taken up together
and are being disposed of by this common order.
2. The applicants herein were the agreement
holders of various portions of the properties belonging to
the Mysore Kirloskar Limited. The applicants had earlier
approached the competent Civil Court seeking decree of
specific performance of the agreements. During the course
NC: 2023:KHC:31389
CA No. 239 of 2023
C/W CA No. 240 of 2023
CA No. 241 of 2023
IN COP NO.166/2001
of the proceedings before the Civil Court, winding up
proceedings were also initiated against the company.
When this was brought to the notice of the plaintiffs before
the Civil Court, they filed necessary applications before
this Court seeking permission in terms of Section 446 of
the Companies Act, 1956 (for short 'the Act').
3. Learned counsel for the applicants has drawn
the attention of this Court to the judgment passed by the
Senior Civil Judge at Harihara, wherein it is specifically
noticed that this Court being Company Court had allowed
the applications and permitted the plaintiffs therein to
proceed with the case. It is also not disputed that
consequent to the judgment and decree passed by the
Civil Court, the Civil Court has proceeded to execute the
sale deeds in terms of the decree passed by the Civil
Court.
4. After execution of the sale deeds, the applicants
herein sought for identification and fixation of the
NC: 2023:KHC:31389
CA No. 239 of 2023
C/W CA No. 240 of 2023
CA No. 241 of 2023
IN COP NO.166/2001
boundaries and they also approached the local authority
for registration of the Katha in their favour. It appears that
the Official Liquidator requested the applicants herein to
approach this Court to secure suitable orders/directions in
the matter of fixing of the boundaries and therefore, these
applications are filed.
5. However, learned counsel for the Official
Liquidator has submitted that having regard to the
provisions contained in Section 446 of the Act, if
permission was already granted by this Court and the Civil
Court has proceeded to pass a judgment and decree in
favour of the plaintiffs, nothing further survives for
consideration in these applications. However, in the matter
of fixation of the boundaries, learned counsel for the
Official Liquidator would submit that the Official Liquidator
will proceed to fix the boundaries in terms of the sale
deeds executed in favour of the applicants herein.
NC: 2023:KHC:31389
CA No. 239 of 2023
C/W CA No. 240 of 2023
CA No. 241 of 2023
IN COP NO.166/2001
6. In the light of the above, this Court finds that
the prayer made in the applications do not survive
consideration.
7. Consequently, all these applications are
disposed of while permitting the Official Liquidator to
participate in the matter of fixation of the boundaries in
respect of the individual properties in terms of the sale
deeds executed by the Civil Court.
8. If the Official Liquidator incurs any expenditure
in the matter of fixation of boundaries, the same shall be
borne by the applicants itself.
9. However, the learned counsel for the Official
Liquidator would also submit that the entire amount that
was deposited by the plaintiffs before the Civil Court has
not been released in favour of the Official Liquidator. If
that is so, the Official Liquidator is permitted to approach
the Senior Civil Judge at Harihara in the respective suits
NC: 2023:KHC:31389
CA No. 239 of 2023
C/W CA No. 240 of 2023
CA No. 241 of 2023
IN COP NO.166/2001
and reclaim the amounts that were to be paid to the
Official Liquidator on behalf of the defendant-Company.
10. At this juncture, learned counsel for the
applicants has drawn the attention of this Court to the last
page of the application which contains a copy of the
voucher showing that the applicants have paid certain
amount to the Official Liquidator which is said to be the
interest on the late payment of the amounts that were
required to be paid by the plaintiffs in terms of the
judgement and decree passed by the Civil Court.
11. However, learned counsel for the Official
Liquidator would submit that these claims cannot be
looked into at this point of the time, since no records are
available with the learned counsel.
12. Nevertheless, if the applicants have paid any
sum to the Official Liquidator in terms of the voucher as
interest, and since this Court has permitted the Official
Liquidator to collect the balance amount lying before the
NC: 2023:KHC:31389
CA No. 239 of 2023
C/W CA No. 240 of 2023
CA No. 241 of 2023
IN COP NO.166/2001
Civil Court, the Official Liquidator is hereby directed that
after collection of the said amount from the Civil Court, the
Official Liquidator shall once again look into the matter and
consider the claim of the applicants herein in the matter of
payment of interest. If the applicants are able to convince
the Official Liquidator that the interest could not have
been levied since the amounts were already deposited
before the Civil Court, necessary action shall be taken by
the Official Liquidator accordingly.
Ordered accordingly.
Sd/-
JUDGE
VM
