Disposed¶6

The Mysore Kirloskar Employees v. the Official Liquidator of

Karnataka HC30 Oct 2025CA/54/2019

Case brief

AI extract

What is this about?

Karnataka High Court company application (Rules 6 and 9, Companies (Court) Rules 1959) in winding-up petition of Mysore Kirloskar Ltd.; Official Liquidator directed to adjudicate unsecured creditor claim of co-operative society within two months; claim founded on Award dated 29.07.2002 (Dispute No.1 of 2002-02, Assistant Registrar of Co-operative Societies, Davanagere); earlier C.A.No.832/2011 order dated 13.10.2011 left unexecuted; amounts Rs.1,11,43,560/- and Rs.47,48,588/- with 18% interest; Judge Jyoti M; decided 30 October 2025.

What did the court decide?

Direction to the Official Liquidator to adjudicate the applicant Society's claim as expeditiously as possible within an outer limit of two months, subject to the applicant providing material/documents; the Company Application was disposed of. ¶6

The Mysore Kirloskar Employees Vs the Official Liquidator of — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:43436 CA NO. 54 OF 2019 IN COP NO. 166 OF 2001

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI M COMPANY APPLICATION NO. 54 OF 2019

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COMPANY PETITION NO. 166 OF 2001

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BETWEEN:

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THE MYSORE KIRLOSKAR EMPLOYEES HOUSE BUILDING CO-OP. SOCIETY LTD., A SOCIETY REGISTERED UNDER THE CO-OPERATIVE SOCIETIES ACT, AND REPRESENTED BY ITS SECRETARY SHRI. D.V.DESHPANDE, HAVING ITS OFFICE AT RAJARAMNAGAR, HARIHARA-577 601, KARNATAKA.

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…APPLICANT

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(BY SRI. DEEPAK, ADVOCATE)

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

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AND:

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THE OFFICIAL LIQUIDATOR OF THE MYSORE KIRLOSKAR LTD., (IN LIQN.), ATTACHED TO HIGH COURT OF KARNATAKA, 12^TH FLOOR, RAHEJA TOWERS, BENGALURU - 560 001.

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…RESPONDENT

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(BY SRI. JAGADEESHGOUD PATIL, ADVOCATE FOR OL)

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THIS COMPANY APPLICATION IS FILED UNDER RULE 6 AND 9 OF THE COMPANIES (COURT) RULES, 1959. THIS COMPANY APPLICATION IS LISTED FOR ORDERS, THIS DAY AN ORDER IS MADE AS UNDER:

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NC: 2025:KHC:43436 CA NO. 54 OF 2019 IN COP NO. 166 OF 2001

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HC-KAR

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ORAL ORDER

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Sri.Deepak., counsel for the applicant and

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Sri.Jagadeeshgoud Patil., counsel for the Official Liquidator have appeared in person.

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The captioned Company Application is filed seeking a direction to the Official Liquidator to pay the Applicant Society a sum of Rs.1,11,43,560/- being the sums payable as per Award dated 29.07.2002 in Dispute No.1 of 2002-02 passed by Assistant Registrar of Co-operative Societies, Davanagere to the Applicant.

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Counsel for the respective parties urged several contentions. Heard the arguments and perused the application papers with care.

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Suffice it to note that the applicant had filed C.A.No.832/2011 seeking a direction to the Official Liquidator to clear its dues in a sum of Rs.47,48,588/- with interest @ 18% per annum. This Court vide order dated 13.10.2011 had disposed of the application and directed the Official Liquidator to adjudicate the claim of the applicant Society. The applicant's

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3 - NC: 2025:KHC:43436 CA NO. 54 OF 2019 IN COP NO. 166 OF 2001

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HC-KAR

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grievance is that the claim has not been adjudicated as of today.

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Sri.Prashant Baliyan - Official Liquidator is present

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before the Court and he has been duly identified by his counsel. Official Liquidator on instruction submits that the unsecured creditors' claim has not been adjudicated as of today. If a direction is issued by this Court to adjudicate the claim of the applicant, appropriate steps will be taken to adjudicate the claim.

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The oral submission made by the Official Liquidator is placed on record.

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It is not in dispute that this Court had directed the Official Liquidator to adjudicate the applicant's claim in 2011 and taking note of the submission made by the Official Liquidator, this Court directs the Official Liquidator to adjudicate the applicant's claim as expeditiously as possible within the outer limit of two months, subject to applicant providing material/ documents to the Official Liquidator.

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NC: 2025:KHC:43436 CA NO. 54 OF 2019 IN COP NO. 166 OF 2001

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HC-KAR

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