OFFICIAL LIQUIDATOR OF M/S. UNITED BREWERIES (HIOLDING) LTD., (IN LIQN) v. GOLD REEF INVESTMENT PRIVATE LIMITED
Case at a glance
Provisions considered
- Companies Act, 2013 s. 446(2)(b)
Key paragraphs
- Para 77. Accordingly, the Company Application is disposed of. SD/- (JYOTI M) JUDGE MRP List No.: 2 Sl No.: 8
Judgment
THE HON'BLE MS. JUSTICE JYOTI M COMPANY APPLICATION NO. 289 OF 2023 IN COMPANY PETITION NO. 57 OF 2012 AND OTHERS BETWEEN: OFFICIAL LIQUIDATOR OF M/S. UNITED BREWERIES (HIOLDING) LTD., (IN LIQN) ATTACHED TO HIGH COURT OF KARNATAKA 'CORPORATE BHAVAN', NO.26-27, 12TH FLOOR, RAHEJA TOWERS, M.G. ROAD, BENGALURU-560001. …APPLICANT PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA (BY SMT. KRUTIKA RAGHAVAN, ADVOCATE FOR OL) AND:
GOLD REEF INVESTMENT PRIVATE LIMITED UB TOWER, LEVEL-12, UB CITY, VITTAL MALLYA ROAD, BENGALURU-560001. REPRESENTED BY ITS DIRECTOR SRI. ANAND SHAMANNA PERIYAPATNA.
ANAND SHAMANNA PERIYAPATNA, DIRECTOR, NO.444, 18TH CROSS, 1ST AND 3RD BLOCK JAYANAGAR, BENGALURU SOUTH, JAYANAGAR III BLOCK, BENGALURU-560011, KARNATAKA. HC-KAR CNR: KAHC010533702023 - 2 - NC: 2026:KHC:43091 CA No. 289 of 2023 In COP No. 57 of 2012 and others
SRI. AMARNATH BILVARA SANKAPPA, DIRECTOR, NO.12, 7TH CROSS, OPP. ALTRUSSA SCHOOL, GUDDADAHALLI, R.T. NAGAR, BENGALURU-560032, KARNATAKA.
MS. GERALDINE ANN MAYEN, DIRECTOR, NO.18, WEBSTER ROAD, COX TOWN, NORTH BENGALURU, BENGALURU-560005, KARNATAKA. (BY SRI. NAMAN JHABAKH, ADVOCATE FOR SMT. NIKITHA ADINARAYAN, ADVOCATE FOR R1; R2, R3, R4 ARE SERVED AND UNREPRESENTED) …RESPONDENTS THIS COMPANY APPLICATION IS FILED UNDER SECTION 446(2)(b) OF THE COMPANIES ACT, 1956 READ WITH RULE 9 OF THE COMPANIES (COURT) RULES, 1959 FOR RECOVERY OF AMOUNT DUE TO THE COMPANY (IN LIQUIDATION). THIS COMPANY APPLICATION IS LISTED FOR ORDERS, THIS DAY AN ORDER IS MADE AS UNDER: ORAL ORDER Smt. Krutika Raghavan., counsel for the Official Liquidator and Sri. Naman Jhabakh., counsel on behalf of Smt. Nikitha Adinarayan., for respondent No.1 appeared in person.
2. The application is filed seeking following reliefs: HC-KAR CNR: KAHC010533702023 - 3 - NC: 2026:KHC:43091 CA No. 289 of 2023 In COP No. 57 of 2012 and others a) To Direct the respondent 1 to pay a sum of Rs.26,50,000/- and interest of Rs.31,31,211/- @ 18% p.a. from 07.02.2017 to 31.08.2023, total amounting Rs.57,81,211/- and future interest @ 18% p.a. from
01.09.2023 till the date of payment. b) To pass such other order or orders as this Hon'ble Court deem fit and proper facts and circumstances of the case.
3. Counsel appearing the respective parties advanced various submissions.
4. Counsel for respondent No.1, on instructions, submitted that respondent No.1 is willing to pay 50% of the amount awarded towards interest, which amounts Rs.15,65,605.5/-.
Counsel appearing for the Official Liquidator, on instructions, submitted that an appropriate order may be passed, leaving the matter to the discretion of this Court.
Having regard to the submissions made by the counsel for the respective parties, respondent No.1 is directed HC-KAR CNR: KAHC010533702023 - 4 - NC: 2026:KHC:43091 CA No. 289 of 2023 In COP No. 57 of 2012 and others to pay a sum of Rs.16,00,000/- towards interest to the Official Liquidator within a period of four weeks from today, without fail and without compelling the Official Liquidator to initiate execution proceedings.
Accordingly, the Company Application is disposed of. SD/- (JYOTI M) JUDGE MRP List No.: 2 Sl No.: 8
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.