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Karnataka High Court
Official Liquidator Of M/S Karnataka ... vs Mr Govardhan Nayak M on 25 February, 2026
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NC: 2026:KHC:11839
CA No. 386 of 2024
In COP No.83 of 1993
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
COMPANY APPLICATION NO.386 OF 2024
IN
COMPANY PETITION NO.83 OF 1993
BETWEEN:
OFFICIAL LIQUIDATOR OF
M/S KARNATAKA VYAVASAYA VARTHAKARA
SANGHA LIMITED (IN LIQUIDATION),
'CORPORATE BHAVAN', 12TH FLOOR,
RAHEJA TOWERS, NO. 26-27, M.G.ROAD,
BENGALURU - 560001.
...APPLICANT
(BY SMT. KRUTIKA RAGHAVAN, ADVOCATE FOR OL)
AND:
MR GOVARDHAN NAYAK M
Digitally signed by S/O LATE VITTAL NAYAK
PREMCHANDRA M R
D.NO. III-532(9),
Location: HIGH
COURT OF KVV SANGHA BUILDING,
KARNATAKA YELMUDI, PUTTUR - 574201,
DAKSHINA KANNADA
ALTERNATE ADDRESS.
MR. GOVARDHAN NAYAK M
S/O LATE VITTAL NAYAK,
MUNDAKOTHI HOUSE,
HRIYADKA VILLAGE AND POST,
PUTTUR, DAKSHINA KANNADA
...RESPONDENT
(BY SRI. G.K.BHAT, SENIOR ADVOCATE FOR
SMT. SUDHA D., ADVOCATE)
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NC: 2026:KHC:11839
CA No. 386 of 2024
In COP No.83 of 1993
HC-KAR
THIS COMPANY APPLICATION IS FILED UNDER SECTION
456(2) READ WITH SECTION 446(2)(b) OF THE COMPANIES
ACT, 1956 AND READ WITH RULE 114 OF THE COMPANIES
(COURT) RULES, 1959.
THIS COMPANY APPLICATION IS LISTED FOR ORDERS,
THIS DAY AN ORDER IS MADE AS UNDER:
ORAL ORDER
Smt.Kruthika Raghavan., counsel for the Official
Liquidator and Sri.G.K.Bhat., Senior counsel on behalf of
Smt.Sudha.D., for the respondent have appeared in person.
2. The application in C.A.No.386/2024 is filed seeking
the following reliefs:
(a) To direct the Respondent/ Lessee to pay to the Applicant/
Official Liquidator rental dues of Rs.55,500/- (Rupees
Fifty Five Thousand Five Hundred only) with interest of
18% P.A. for delay in remittance of rent till the date of
payment subject to final verification/ reconciliation of the
accounts.
(b) To direct the Respondent to furnish full particulars about
rent payable and paid to the company if any, with
documentary evidence, to the applicant herein from the
date of his occupation to till date and also to pay the
entire due amount.
(c) To direct the respondent to vacate the premises and hand
over the keys to the Official Liquidator immediately.
NC: 2026:KHC:11839
HC-KAR
3. Counsel for the respective parties urged several
contentions.
Sri.G.K.Bhat., Senior counsel for the respondent submits
that a memo has been filed along with the affidavit of
Mr.Govardhan Nayak M. The same may be placed on record
and an appropriate order may be passed.
Counsel appearing on behalf of the Official Liquidator
urging certain contentions submits that suitable order may be
passed.
4. Heard the arguments and peruse the papers with
care.
Mr.Govardhan Nayak M, has sworn to a declaration of
facts in the form of an affidavit. In the affidavit, it is stated that
Mr.Govardhan Nayak M, is a practicing advocate and Mr.Ishwar
Bhat Mitoor is carrying on business in pharmaceutical
distribution. They have no objection to quit and deliver the
vacant possession of the premises in question. However, in
view of their avocation, they need some time.
NC: 2026:KHC:11839
HC-KAR
5. Taking note of the undertaking given in the
affidavit, this Court deems it proper to direct the respondent to
quit and deliver the vacant possession of the premises in
question on or before 30.04.2026 without seeking extension of
time.
6. As far as the payment of the rental dues is
concerned, counsel on behalf of the Official Liquidator submits
that the principal amount of Rs.59,250/- has been paid by the
respondent and the same has received by the office of the
Official Liquidator.
7. As far as the award of interest is concerned, the
applicant has prayed for award of interest at the rate of 18%
p.a. for the period from 01.12.2006 to 18.12.2025.
8. Taking note of the lis between the parties and as
the principal amount has already been paid by the respondent,
this Court directs the respondent to pay the interest at the rate
of 6% p.a. from 01.12.2006 to 18.12.2025 on or before
30.04.2026.
NC: 2026:KHC:11839
HC-KAR
9. Accordingly, the application is allowed.
SD/-
(JYOTI M)
JUDGE
MRP
List No.: 1 Sl No.: 21
