Allowed¶31

Official Liquidator of United Breweries (Holdings) Limited (in Liquidation) v. M/S.Mga Lifestyle Pvt. Ltd.

Karnataka HC6 Feb 2025CA/234/2020

Case brief

AI extract

What is this about?

Keywords: Section 446(2)(b) Companies Act 1956; Rule 9 Companies (Court) Rules 1959; Official Liquidator; United Breweries (Holdings) Limited in liquidation; Company Petition 57 of 2012; former licensee; recovery of outstanding dues; waiver refused for non-appearance and absence of waiver plea; M/s MGA Lifestyle Pvt. Ltd.; Prestige Estate Projects Ltd.; monetary direction of Rs.10,02,881/-.

What did the court decide?

Respondent directed to pay the outstanding amount of Rs.10,02,881/- (computed without waiver); the prayed-for figure of Rs.26,12,874/- with 18% p.a. interest was not the amount ordered. ¶31

Official Liquidator of United Breweries (Holdings)… — Company and Corporate | Karnataka HC (2025)

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NC: 2025:KHC:5393 CA No. 234 of 2020 IN COP No. 57 of 2012

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI COMPANY APPLICATION NO. 234 OF 2020

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COMPANY PETITION NO. 57 OF 2012

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BETWEEN:

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OFFICIAL LIQUIDATOR OF UNITED BREWERIES (HOLDINGS) LIMITED (IN LIQUIDATION) CORPORATE BHAVAN, 12TH FLOOR, RAHEJA TOWERS, NO.26-27, M.G. ROAD BENGALURU-560 001

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…APPLICANT

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(BY MS.KRUTHIKA RAGHAVAN, OL)

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AND:

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Digitally signed by MEGHA MOHAN

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Location: HIGH COURT OF KARNATAKA

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M/S MGA LIFESTYLE PVT. LTD., 1^ST FLOOR, THE UB CITY BANGALORE-560 001

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PRESTIGE ESTATE PROJECTS LTD., PRESTIGE FALCON TOWERS, 19, BRUNTON ROAD, BENGALURU - 560 025 REPRESENTED BY IT'S DIRECTOR MR.UZMA IRFAN.

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…RESPONDENTS

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(BY SRI.H.B.RUDRESH, ADVOCATE FOR R1 SRI.B.N.PRAKASH, ADVOCATE FOR R2)

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THIS APPLICATION IS FILED UNDER SECTION 446 (2) (b) OF THE COMPANIES ACT, 1956 AND READ WITH RULE 9 OF THE

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2 - NC: 2025:KHC:5393 CA No. 234 of 2020 IN COP No. 57 of 2012

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COMPANIES (COURT) RULES, 1959, PRAYING TO DIRECT THE RESPONDENT/FORMER LICENSEE COMPANY TO APPAY TO THE APPLICANT/ OFFICIAL LIQUIDATOR A SUM OF RS.26,12,874/(TWENTY SIX LAKHS TWELVE THOUSAND EIGHT HUNDRED SEVENTY FOUR RUPEES ONLY) AS CALCULATED IN PARA NO.9 ALONG WITH 18% P.A. INTEREST TO TILL THE DATE OF PAYMENT FORTHWITH.

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THIS APPLICATION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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There was no representation on behalf of the respondents on 16.01.2021, 11.02.2021. On 27.05.2021 and on 19.04.2023, learned counsel for respondent had represented before this Court. Then again on 30.01.2025, there was no representation on behalf of the respondent and hence the matter was directed to be listed today. Even today, there is no representation on behalf of the respondent.

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Learned counsel Sri. H.B. Rudresh has filed vakalath for respondent No.1. and when the application was filed way back in the year 2021, it appears that the respondent for the best reasons known to him, are not appearing before the Court. This Court had perused the application filed by the Official Liquidator and as per the memo of calculation filed by the Official Liquidator with waiver the amount is Rs.6,16,661/-

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3 - NC: 2025:KHC:5393 CA No. 234 of 2020 IN COP No. 57 of 2012

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and without waiver the amount is Rs.10,02,881/-. Neither there is representation on behalf of the respondent nor he has sought for any wavier from this Court. In some of the cases, considering their respective pleas, this Court had granted waiver. Hence, this Court is not inclined to grant wavier to the respondent and this Court is passing the following:

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ORDER

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i. Accordingly, the C.A.No.234/2020 is allowed directing the respondent to pay the outstanding amount of Rs.10,02,881/-.

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SD/-

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(LALITHA KANNEGANTI) JUDGE

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BN List No.: 1 Sl No.: 14

Official Liquidator of United Breweries (Holdings) Limited (in Liquidation) v. M/S.Mga Lifestyle Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Official Liquidator of United Breweries (Holdings) Limited (in Liquidation) v. M/S.Mga Lifestyle Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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