The Official Liquidator of Vs the Asst Commissioner of Revenue Office

THE OFFICIAL LIQUIDATOR OF M/S. MURUDESHWARA FOODS AND EXPORTS LIMITED (IN LIQUIDATION), HIGH COURT OF KARNATAKA, 'CORPORATE BHAVAN', NO.26-27, 12^TH FLOOR, RAHEJA TOWERS, M.G.ROAD, BENGALURU - 560001.

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…APPLICANT

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(BY SRI. JAGADEESHGOUD PATIL, ADVOCATE FOR OL)

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AND:

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Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA

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THE ASST. COMMISSIONER OF REVENUE OFFICE, OFFICE OF THE ASST. COMMISSIONER, MINI VIDHANA SOUDHA, 2^ND FLOOR, HAMPANAKATTA, MANGALORE - 575001.

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THE TAHASILDAR, OFFICE OF THE TAHSILDAR, MINI VIDHANA SOUDHA, HAMPANAKATTA, MANGALORE - 575001.

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…RESPONDENTS

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(BY SRI. K.P.YOGANNA, AGA)

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NC: 2025:KHC:43550 CA No. 138 of 2023 IN COP 82 of 2000

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HC-KAR

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THIS COMPANY APPLICATION IS FILED UNDER RULE 6 AND 9 OF THE COMPANIES (COURT) RULES, 1959, SEEKING CERTAIN RELIEFS.

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THIS COMPANY APPLICATION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Sri.Jagadeeshgoud Patil., counsel for the Official Liquidator and Sri.K.P.Yoganna., AGA for the respondents have appeared in person.

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The captioned application is filed seeking following

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reliefs:

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a. Direct respondent No.1 - the Assistant Commissioner, Revenue Office, Mangalore Division

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to change the name in the RTC as per the Sale Deeds - Annexures A to D as mentioned in Para No.9 of this application.

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b. Direct Tahasildar Mangalore Taluk to issue an encumbrance certificate for last ten years to the Official Liquidator and direct the Tahasildar Mangalore Taluk to make necessary revenue entries in the name of M/s.Murudeshwara Foods and Exports Limited (In Liquidation) represented by

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NC: 2025:KHC:43550 CA No. 138 of 2023 IN COP 82 of 2000

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HC-KAR

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Official Liquidator, as mentioned in Para No.9 of this application.

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Along with the company application, the Official

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Liquidator has filed a memo furnishing the details of the immovable properties and sought following reliefs:

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(a) Permit the official liquidator to hive off the properties situated at Sy.Nos.23/9B1A, 23/9A1A, 23/1A12 in Hosabettu village and site Nos.33 and 34 in Kulai village, Suratkal Hobli, Mangalore Taluk, Dakshina Kannada District mentioned at Sl.No.1, 2, 3, 5 & 6 in table in para No.3 above and permit to engage a valuer from the panel of valuers for valuation of the said properties afresh;

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(b) Permit the Official Liquidator for valuation of property at Sy.No.23/9B2 in Hosabettu village and this Hon'ble Court may be pleased to parallelly direct the respondent No.1 and 2 herein to change the RTC in the name of the company (in Liquidation) in respect of the said property in pursuance of the Registered Sale

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NC: 2025:KHC:43550 CA No. 138 of 2023 IN COP 82 of 2000

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HC-KAR

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document enclosed as Annexure-C with the CA

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No.138/2023;

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(c) Permit the Official Liquidator to continue the proceedings in CA No.138/2023 in respect of the properties situated at Sy.Nos.23/9B and 22/27 in Hosabettu village and also to continue the proceedings in respect of 23/9B2, if the prayer (b) above is not allowed at this stage, before RTC is changed in the name of the Company (in liquidation) and

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(d) Pass such other order(s) as this Hon'ble court may deem fit and proper in the circumstances of the case.

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Official Liquidator submits that he is not pressing

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prayer (c) sought in the memo for the time being.

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The oral submission made by the Official Liquidator about non-pressing of prayer (c) in the memo is placed on record.

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Affidavit dated 08.12.2023 filed by the Official Liquidator is placed on record.

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NC: 2025:KHC:43550 CA No. 138 of 2023 IN COP 82 of 2000

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HC-KAR

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Heard the arguments and perused the application papers and the memo with care.

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Suffice it to note that M/s.Murudeshwara Foods and Exports Limited went into liquidation. The properties which were standing in the name of M/s.Murudeshwara Foods and Exports Limited were taken over by the Official Liquidator. The registered sale deeds with respect to six properties i.e., (1) Sy.No.23/9B1A measuring 45 Cents vacant land at Hosabettu Village; (2) Sy.No.23/9A1A measuring 89 Cents land with building at Hosabettu Village; (3) Sy.No.23/1A12 measuring 07 cents land with building at Hosabettu Village; (4) Sy.No.23/9B2 measuring 46 Cents land with workers quarters at Hosabettu Village; (5) Sy.No.84-4A Plot/site No.33 measuring 10 Cents land with building at Kulai Village with Kumki land of 10 Cents and (6) Sy.No.34-4A Plot/site No.35 measuring 9 Cents land with building at Kulai Village with Kumki land of 10 Cents, are furnished along with the application. Perused the same with utmost care.

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The contention of the applicant is that except the property at Sl.No.4 i.e., Sy.No.23/9B2, the RTC and Katha with

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NC: 2025:KHC:43550 CA No. 138 of 2023 IN COP 82 of 2000

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HC-KAR

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respect to other properties are in the name of company in liquidation. Hence, a prayer is sought to Hive Off the properties at Sl.Nos.1, 2, 3, 5 and 6 and permit them to engage a valuer from the panel of valuers for valuation of the said properties afresh.

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It is also contended that the Katha in respect of property at Sl.No.4 i.e., Sy.No.23/9B2 has not been mutated in the name of the company in liquidation. Accordingly, a prayer is sought to change the RTC in the name of the company in liquidation.

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Because of the liquidation and taking over of the properties by the Official Liquidator, prayer (a) sought in the Memo is also accorded.

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The respondent Revenue Authorities are hereby directed to change the RTC's in the name of the Company in liquidation in respect of the property bearing Sy.No.23/9B2 measuring 46 Cents situated at Hosabettu Village in pursuance of the sale deed dated 23.02.1995, within the outer limit of four weeks from the receipt of certified copy of this order.

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