Official liquidator sought condonation of a long delay and setting aside of abatement against a deceased respondent in winding-up proceedings, but did not press the application since the legal representatives had already been brought on record; the application was dismissed as not pressed.
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NC: 2026:KHC:12156 CA No. 278 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
COMPANY APPLICATION NO. 278 OF 2025
IN
COMPANY APPLICATION NO.104 OF 2004
IN
COP NO.40 OF 1996 C/W 52 OF 1997
BETWEEN:
OFFICIAL LIQUIDATOR OF M/S. BANGALORE PESTICIDES LIMITED (IN LIQUIDATION) ATTACHED TO HIGH COURT OF KARNATAKA, “CORPORATE BHAVAN”, NO.26-27, 12TH FLOOR, RAHEJA TOWERS, M.G. ROAD, BENGALURU -560 001.
…APPLICANT
(BY SRI. JAGADEESHGOUD PATIL.,ADVOCATE)
Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA
AND:
NC: 2026:KHC:12156 CA No. 278 of 2025
HC-KAR
…RESPONDENTS
(BY SRI.M.M SWAMY.,ADVOCATE FOR R1)
THIS COMPANY APPLICATION IS FILED UNDER RULE 6 AND 9 OF COMPANIES (COURT) RULES, 1959 AND UNDER ORDER XXII READ WITH RULE, 4, 5 AND 9 OF CODE OF CIVIL PROCEDURE, 1908 AND UNDER SECTION 5 OF THE LIMITATION ACT, 1963, PRAYING THIS HONBLE COURT TO A) TO CONDONE THE DELAY OF 3777 DAYS IN FILING COMPANY APPLICATION NO.463/2021 AS PER PROVISIONS OF SECTION 5 OF THE LIMITATION ACT, 1963; B) TO SET ASIDE THE ABATEMENT OF PROCEEDING AGAINST DECEASED RESPONDENT NO.2 VIZ., LATE SRI K.P PADMANABHA IN COMPANY APPLICATION NO.104/20024 IN CO.P. NO.40/1996 C/W 52/1997.
THIS COMPANY APPLICATION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2026:KHC:12156 CA No. 278 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
Sd/(SURAJ GOVINDARAJ) JUDGE
KTY
2 issues framed by the court
Should the delay of 3777 days in filing a company application be condoned under Section 5 of the Limitation Act?
Should abatement of proceedings against deceased respondent No.2 be set aside?
3 provisions across 3 enactments
Official Liquidator of M/s. Bangalore Pesticides Limited (In Liquidation)
Sri. A.K. Kanoria
Sri K.P. Padmanabha
Sri Piyush Khaitan
Smt. Shubha Padmanabha
Sri. Sukhen Padmanabha
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
