PAFCO 2916 INC C/O PEGASUS AVIATION FINANCE COMPANY Vs. OFFICIAL LIQUIDATOR OF UNITED BREWERIES (HOLDINGS) LIMITED

JUDGEMENT

(1.) These Company Applications involving similar and akin issues, have been considered together and are disposed of by this common order.

(2.) The applicants have sought for the leave to proceed with the Execution Cases pending on the file of the Competent Executing Court at Bengaluru, the details of which are as under:- <FRM>JUDGEMENT_130_LAWS(KAR)7_2019_1.html</FRM>

(3.) The applicants are claiming to be the decree holders in the respective Execution Petitions filed against the respondent - Company (in liquidation) pending on the file of the competent Executing Court at Bengaluru. It is submitted that by the judgment and decree passed by the High Court of Justice Queen's Bench Division Commercial Court, Royal Courts of Justice, United Kingdom (for short 'Court'), the Company (in liquidation) was directed to pay the applicants certain amounts in respect of the currently ascertained claims and the said judgment passed by the Court has reached finality. The applicants have instituted the Execution Petitions before the competent Executing Court at Bengaluru and the same are pending consideration. It is submitted that the Company was wound up by the order of this Court dated 07.02.2017 in Company Petition No.162/2013. The Executing Court has issued notice to the Official Liquidator pursuant to the said winding up order passed by this Court. However, the Official Liquidator has not entered appearance in the said proceedings. In the circumstances, these applications are filed seeking leave of the Court to proceed with the respective Execution cases.