Mrs Magan Kanwar v. M/S Kirloskar Investments and Finance Ltd (In Liquidation)

NC:(2026:KHC:17622( CA(No.(164(of(2021( IN(COP(No.(2(of(2000( (, ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(27 (DAY(OF(MARCH,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(ANANT(RAMANATH(HEGDE( COMPANY(APPLICATION(NO.(164(OF(2021(( IN(( COMPANY(PETITION(NO.(2(OF(2000( BETWEEN:(( (

1., MRS,MAGAN,KANWAR,, WIFE,OF,LATE,MR,DASHRATH,SINGH,SHEKHAWAT,, AGED,ABOUT,56,YEARS,, RESIDING,AT,NO.,B-5,,BRINDAVAN,APARTMENTS, HOSUR,ROAD,,ADUGODI,,BENGALURU,-,560,030,, (SINCE,DEAD,REPRESENTED,BY,HER,LRS), , 1(a), MR,HIMMAT,SINGH,SHEKHAWAT,, S/O,LATE,DASHARATH,SINGH,SHEKHAWAT,, AGED,ABOUT,37,YEARS,, RESIDING,AT,NO.,B-5,,BRINDAVAN,APARTMENTS,, HOSUR,ROAD,,ADUGODI,,BENGALURU,-,560,030., , Digitally signedtiby0C 1(b), MR,NISHANT,SINGH,SHEKHAWAT,, HONNUR0SAB S/O,LATE,DASHARATH,SINGH,SHEKHAWAT,, Location: AGED,ABOUT,34,YEARS,,HIGH0COURT OF RESIDING,AT,NO.,B-5,,BRINDAVAN,APARTMENTS,, KARNATAKA HOSUR,ROAD,,ADUGODI,,,BENGALURU,-,560,030., (AMENDMENT,CARRIED,OUT,VIDE,ORDER,DATED,03.07.2025), …APPLICANTS, (BY,SRI,DUSHYANTH,NARAYANAN,,ADVOCATE,FOR,, ,SRI,KARAN,JOSEPH,,ADVOCATE), , AND:( (

1., M/S,KIRLOSKAR,INVESTMENTS,, AND,FINANCE,LTD.,(IN,LIQUIDATION),, NDREGISTERED,OFFICE,AT,2 ,FLOOR,,C,BLOCK,,

UNITY BUILDING, J C ROAD, BENGALURU-560002,

REPRESENTED BY THE OFFICIAL LIQUIDATOR ATTACHED TO THE HIGH COURT OF KARNATAKA CORPORATE BHAVAN 26-27, 12TH FLOOR, RAHEJA TOWERS, M G ROAD, BENGALURU-560001. …RESPONDENT (BY SMT KRUTIKA RAGHAVAN, ADV. FOR OL)

THIS COMPANY APPLICATION IS FILED UNDER RULE 6 & 9 OF THE COMPANIES (COURT) RULES, 1959, PRAYING TO DIRECT THE OFFICIAL LIQUIDATOR TO EXECUTE THE REGISTERED SALE DEED TO THE APARTMENT IN FAVOUR OF THE APPLICANT PURSUANT TO THE TERMS AND CONDITIONS APPROVED BY THIS HON'BLE COURT VIDE ORDER DATED 21.09.2016, AND THE CONFIRMATION OF SALE IN FAVOUR OF THE APPLICANT BY THIS HON'BLE COURT VIDE ORDER DATED 03.01.2018; AND ETC.

THIS APPLICATION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL ORDER Application is filed with a prayer to direct to the Official Liquidator to execute the registered sale deed in respect of an apartment in favour of applicant, in terms of the order dated

21.09.2016 and sale confirmation order dated 03.01.2018.

¶2It is not in dispute that there is an order to sell the property to original applicant Mrs. Magan Kanwar, who is now

no more and this application is now prosecuted by her legal representatives.

¶3The respondent/Official Liquidator has raised an objection on the premise that husband of original applicant was in arrears towards maintenance charges and the applicant is liable to pay the maintenance charges before the sale deed being executed in favour of the applicant.

¶4Learned counsel for the applicant would submit that the original applicant has purchased the property in her individual capacity, as such, the original applicant is not liable to pay arrears of maintenance payable by her husband. It is the further submission that CA No.687/2016 was filed by the Official Liquidator against husband of the original applicant claiming arrears of maintenance and same was dismissed vide order dated 03.01.2018 and applicant has not reserved any right to file a separate application, as such, the contention to pay arrears of maintenance charges is not maintainable.

¶5Learned counsel for the Official Liquidator would submit that the husband of the applicant had filed a suit against the Company in respect of the very same property and in the said case, the Company had filed a counter claim claiming damages and same was decreed and thereafter, the appeal was filed in RFA No.621/2009 and same is settled in terms of the settlement recorded on 04.03.2015. In terms of the said settlement, the arrears payable towards damages was recovered and there is no settlement relating to the arrears of maintenance payable by the occupant of the premises. Thus, it is urged that the applicant is also liable to pay the arrears payable by her husband.

¶6The Court has considered the contentions raised at the Bar and perused the records.

¶7It is not in dispute that respondent died on

06.01.2017 and it is also stated by the Association that since

03.01.2018, the applicant is paying maintenance charges to the Association. Admittedly, no maintenance charges are

paid from 06.01.2017 to 03.01.2018. Learned counsel for the applicant on instructions would submit that the legal representatives of the applicant are ready to pay the maintenance charges from 06.01.2017 to 03.01.2018.

¶8If that is the case, the sale deed has to be executed in favour of the legal representatives of the applicant on payment of the charges, arrears of maintenance, which should be paid to the Association.

¶9As far as the claim of the Official Liquidator relating to the arrears of maintenance charges payable by husband of original applicant D. S. Shekhawat is concerned, the Official Liquidator has to file a fresh claim. If such a claim to be made by the Official Liquidator, it is for the applicant to raise such contentions as available in law.

¶10This order is passed without reflecting anything on the claim relating to the alleged arrears of maintenance said to be payable by the D. S. Shekhavat.

¶11If any such claim is made, same shall be considered without being influenced by any of the observations made in this order.

¶12Accordingly, CA No.164/2021 is allowed in part. Sd/- (ANANT RAMANATH HEGDE) JUDGE

CHS List No.: 2 Sl No.: 0