Official Liquidator Vs Sri V.M. Kalimulla — Karnataka HC (2025) — LawSathi Research

Official Liquidator Vs Sri V.M. Kalimulla — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission granted to the Official Liquidator for substituted service of summons on respondent No.2: publication in 'Vijaya Karnataka' (Kannada daily, Bengaluru Edition) on or before 30.09.2025 with next hearing fixed on 23.10.2025, and/or affixture at respondent No.2's last known address; publication/service expenses to be met out of the funds of the Company in liquidation.

Issue for consideration

Whether notice/summons of the application may be effected on respondent No.2 through substituted service, i.e., by affixture at his last known address and by paper advertisement in a newspaper.

Court's answer

CA No.47/2025 is allowed; the learned Official Liquidator is permitted to take out notice through substituted service by publishing the summons in the 'Vijaya Karnataka', Kannada daily newspaper, Bengaluru Edition, in respect of respondent No.2 on or before 30.09.2025, indicating the next date of hearing as 23.10.2025.

Ratio / Principle

In addition to publication, it is open to the learned Official Liquidator to affix the summons on the last known address available with the Official Liquidator, in respect of respondent No.2.

Key takeaways

The learned Official Liquidator is permitted to meet the expenses of such substituted service out of the funds of the Company in liquidation.ratio¶40

Detailed headnote1 paragraphs

High Court of Karnataka (E.S. Indiresh J.) — Oral Order dated 04.09.2025: Allowed Company Application No.47 of 2025 (in CA No.1852 of 2003 in Company Petition No.15 of 1994, arising from the liquidation of M/s. N.P. Confectionery Limited) filed by the Official Liquidator under Rules 6 and 9 of the Companies (Court) Rules, 1959 read with Rule 20 and 20(1A), Order V, Code of Civil Procedure, 1908, seeking substituted service of notice on respondent No.2. The Court permitted the Official Liquidator to (i) publish the summons in the 'Vijaya Karnataka' Kannada daily, Bengaluru Edition, on or before 30.09.2025, indicating the next date of hearing as 23.10.2025, and (ii) additionally affix the summons on respondent No.2's last known address available with the Official Liquidator, with liberty to meet the expenses out of the funds of the Company in liquidation. Application disposed of.

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NC: 2025:KHC:35118 CA No.47 of 2025 IN CA NO.1852 of 2003 IN COP NO.15 of 1994

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH COMPANY APPLICATION NO. 47 OF 2025

IN

COMPANY APPLICATION NO.1852 OF 2003

IN

COMPANY PETITION NO.15 OF 1994

BETWEEN:

OFFICIAL LIQUIDATOR OF M/S. N.P. CONFECTIONERY LIMITED (IN LIQN.,) ATTACHED TO HIGH COURT OF KARNATAKA, CORPORATE BHAVAN, NO.26-27, 12^TH FLOOR, RAHEJA TOWERS, M.G.ROAD, BENGALURU -560 001.

Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA

…APPLICANT

(BY SRI. JAGADEESH GOUD PATIL, ADVOCATE FOR OL)

AND:

SRI. V M KALIMULLA 15, MUNIMARAPPA, GARDEN, 5^TH , CROSS, J.C.NAGAR, BENGALURU -6.

SRI. T. MD NOWMAN NO.6, MUNIMARAPPA GARDEN,

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NC: 2025:KHC:35118 CA No.47 of 2025 IN CA NO.1852 of 2003 IN COP NO.15 of 1994

HC-KAR

5^TH CROSS, J.C.NAGAR, BENGALURU -6.

SRI. ARIF AKTAR, NO.6, MUNIMARAPPA GARDEN, 5^TH CROSS, J.C.NAGAR, BENGALURU -6.

SRI. V.M. ATHAULLA, NO.94, MOSQUE ROAD FRAZER TOWN BENGALURU -5.

SRI V.M. ESHANULLA, NO.26, 4^TH FLOOR, SNS APARTMENT, OPP. LAKE VIEW HOSPITAL BENGALURU.

…RESPONDENTS

(BY SRI. BHARADWAJ K.R. ADVOCATE FOR R1; SRI. M. JAGANNATHAN, ADVOCATE FOR R5; R2 AND R3 ARE SERVED)

THIS APPLICATION IS FILED UNDER RULES 6 AND 9 OF THE COMPANIES (COURT) RULES, 1959 AND R/W RULE 20 AND 20 (1A), ORDER 5 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO DIRECT THAT SERVICE OF NOTICE OF THE ABOVE APPLICATION BE EFFECTED ON THE SAID RESPONDENTS NO.2 BY AFFIXTURE ON THE LAST KNOWN ADDRESS AND ALSO BY WAY OF PAPER ADVERTISEMENT OF THE NOTICE TO LAST KNOWN TO HAVE RESIDED OR CARRIED ON BUSINESS ADDRESSES OF RESPONDENT NO.2 IN ONE ISSUE OF VIJAYA KARNATAKA KANNADA VERSION OF BANGALORE EDITIONS.

3 - NC: 2025:KHC:35118 CA No.47 of 2025 IN CA NO.1852 of 2003 IN COP NO.15 of 1994

HC-KAR

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

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

Learned Official Liquidator has filed CA No.47/2025 seeking issuance of summons through substituted service by publishing the same in the newspaper.

In that view of the matter, CA No.47/2025 is allowed. Learned Official Liquidator is permitted to take out notice through substituted service by publishing the summons in the 'Vijaya Karnataka', Kannada daily newspaper, Bengaluru Edition, in respect of respondent No.2 on or before 30.09.2025, indicating the next date of hearing as 23.10.2025.

In addition to this, it is open for the learned Official Liquidator to affix the summons on the last known address to the Official Liquidator, in respect of respondent No.2.

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NC: 2025:KHC:35118 CA No.47 of 2025 IN CA NO.1852 of 2003 IN COP NO.15 of 1994

HC-KAR

In that view of the matter, learned Official Liquidator is permitted to meet the expenses out of the funds of the Company in liquidation.

Accordingly, CA No.47/2025 stands disposed of.

SD/(E.S.INDIRESH) JUDGE

sac List No.:1 Sl No.:2