[Cites 0, Cited by 0]
Karnataka High Court
Hitachi Payments Services Pvt Ltd vs Official Liquidator Of M/S United ... on 13 March, 2026
-1-
NC: 2026:KHC:15026
CA No. 34 of 2026
A/W CA No. 35 of 2026
IN CA No. 318 of 2023
HC-KAR IN COP No. 57 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
COMPANY APPLICATION NO. 34 OF 2026
A/W
COMPANY APPLICATION NO.35 OF 2026
IN
COMPANY APPLICATION NO.318 OF 2023
IN
COMPANY PETITION NO.57 OF 2012
BETWEEN:
1. HITACHI PAYMENTS SERVICES PVT. LTD.,
LEVEL 2, MPL SILICON TOWERS,
23/1, VELACHERRY TAMBARAN ROAD,
PALLIKARNAI, CHENNAI - 600100, TAMIL NADU.
REPRESENTED BY MANAGING DIRECTOR
Digitally signed SRI. LONEY ANTONY.
by BELUR
RANGADHAMA
NANDINI 2. SRI LONEY ANTONY,
Location: HIGH FORMER MANAGING DIRECTOR,
COURT OF C/30001, 30TH FLOOR, OBEROI SPRINS,
KARNATAKA
NEAR MONGINS CAKE FACTOR,
LINK ROAD, ANDHERI WEST,
MUMBAI - 400053, MAHARASHTRA.
3. SRI SHYAM SUNDER CHANDRASHEKAR,
FORMER WHOLE TIME DIRECTOR
FLT NO.1202, 12TH FLOOR, BUILDING NO.7,
RAHEJA CLASSIQUE, NEW LINK ROAD,
OSHIWARA, ANDHERI WEST,
MUMBAI-400053, MAHARASHTRA.
-2-
NC: 2026:KHC:15026
CA No. 34 of 2026
A/W CA No. 35 of 2026
IN CA No. 318 of 2023
HC-KAR IN COP No. 57 of 2012
4. SRI SUMIL CHANDRAKANT VIKAMSEY,
MANAGING DIRECTOR,
D-1506, RNA CONTINENTAL
SUBHASHNAGAR LAYOUT,
NEAR CHEMBUR GYMKHANA CHEMBUR,
MUMBAI-400071, MAHARASHTRA.
...APPLICANTS
(BY SRI SHREYAS ACHARYA, ADVOCATE FOR (COMMON)
SMT LAKSHMI MENON, ADVOCATE)
AND:
OFFICIAL LIQUIDATOR OF M/S UNITED BREWERIES
(HOLDINGS) LTD. (IN LIQN)
ATTACHED TO HIGH COURT OF KARNATAKA
CORPORATE BHAVAN, NO.26-27, 12TH FLOOR,
RAHEJA TOWERS, M.G.ROAD,
BENGALURU-560001
...RESPONDENT
(BY SMT KRUTIKA RAGHAVAN, OL) (COMMON)
THIS COMPANY APPLICATION IS FILED UNDER SECTION
60(C) OF THE BHARATIYA SAKSHYA ADHINIYAM, 2023 READ
WITH SECTION 151 READ WITH SECTION 151 OF THE CODE
OF CIVIL PROCEDURE, 1908 AND RULE 6 AND 9 OF THE
COMPANY (COURT) RULES, 1959 THAT FOR THE REASONS
STATED IN THE ACCOMPANYING AFFIDAVIT, THE APPLICANT
NO.1 PRAYS THAT THIS HON'BLE COURT MAY BE PLEASED TO
TAKE PHOTOCOPIES OF FOLLOWING DOCUMENTS ON RECORD
IN THE INTEREST OF JUSTICE.
THIS COMPANY APPLICATION IS FILED UNDER ORDER
VIII RULE 1A(3) READ WITH SECTION 151 OF THE CODE OF
CIVIL PROCEDURE, 1908 AND RULES 6 AND 9 OF THE
COMPANY (COURT) RULES, 1959 THAT FOR THE REASONS
STATED IN THE ACCOMPANYING AFFIDAVIT, THE APPLICANT
NO.1 PRAYS THAT THIS HON'BLE COURT MAY BE PLEASED TO
TAKE PHOTOCOPIES OF FOLLOWING DOCUMENTS ON RECORD
IN THE INTEREST OF JUSTICE.
-3-
NC: 2026:KHC:15026
CA No. 34 of 2026
A/W CA No. 35 of 2026
IN CA No. 318 of 2023
HC-KAR IN COP No. 57 of 2012
THESE APPLICATIONS COMING ON FOR ORDERS THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
CA.No.34/2026 is filed for production of five documents
and all those documents according to the applicants are
secondary evidence of the originals and the applicants claim
that originals are not available and misplaced and on this
ground seek production of secondary evidence.
2. Learned counsel for the Official Liquidator would
oppose the application on the premise that no ground is made
out to permit production of secondary evidence. It is also the
contention that in case the original is not available with the
applicants, it is quite possible that the original of the license
agreement marked as Annexure-1 may be with other parties to
the said license agreement.
3. Learned that for the applicants by way of reply
would submit that the necessary efforts will be made to secure
the originals of the license agreement if they are with the
parties to the said agreement.
NC: 2026:KHC:15026
4. It is urged that rest of the documents sought to be
produced are the office copies of the communication addressed
by the applicants and there cannot be any objection for
production of those office copies.
5. To produce the secondary evidence and to admit
the same in evidence, the party must satisfy that the
requirements for production of secondary evidence as
contemplated under the Bharatiya Sakshya Adhiniyam, 2023.
6. This Court is of the view that keeping open all
objections permissible under law, production of documents may
be allowed and the documents may be permitted to be marked
in evidence for identification of the documents. The question
on admissibility and proof be decided at the time of final
hearing of the Company Application in which the application is
filed for production of documents.
7. This order should not be construed as having held
anything on the admissibility or proof of documents sought to
be produced.
NC: 2026:KHC:15026
8. Accordingly, C.A.No.34/2026 allowed as indicated
above.
9. C.A.No.35/2026 is filed for production of additional
documents. The production of additional documents is allowed.
Admissibility and proof is subject to law and all such questions
shall be decided at the time of final disposal of
C.A.No.318/2023. The documents can be marked in evidence
for the purpose of identification.
10. Accordingly, C.A.No.35/2026 allowed to the above
said extent.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
GVP
