UNITED BREWERIES (HOLDINGS) LIMITED Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) The Official Liquidator has filed C.A.No.434/2024 in C.A.No.3/2017 in COP No.57/2012 & others seeking following reliefs:

(2.) Learned counsel appearing on behalf of the Official Liquidator submits that M/s. United Breweries (Holdings) Limited (hereinafter referred to as 'UBHL' for short) was ordered to be wound up by the order dtd. 7/2/2017 passed in Company Petition No.57/2012 and the Official Liquidator has been appointed as Liquidator of the Company by virtue of Sec. 449 of the Companies Act, 1956 (hereinafter referred to as the 'Act' for short). It is stated that the Company in liquidation prior to the winding up order had filed an original suit i.e., O.S.No.6406/2012 before the City Civil Court, Bengaluru against respondent Nos.2 to 6 and M/s.King Fisher Airlines Ltd. The reliefs that are sought in the suit are as follows:

(3.) Defendant No.6 i.e., Kingfisher Airlines Limited in the Original Suit was ordered to be wound up by the order dtd. 18/11/2016 passed in C.P.No.214/2012 and the Official Liquidator is appointed as Liquidator of the Company by virtue of Sec. 449 of the Act. It is stated that in the Company Petition No.57/2012 this Court had directed the Company-UBHL for wound up, thereby invoking jurisdiction of this Court to entertain any suit filed by or against the Company in Liquidation. It is stated that by the winding up order dtd. 7/2/2017, this Court had directed the Official Liquidator to administer and take charge of, all the affairs of the Company in Liquidation and directed to appear in all matters filed before the Hon'ble Courts by or against the Company in Liquidation. Hence, the Official Liquidator has come up along with this petition to transfer the pending suit to this Court.