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2024 Supreme(Online)(Kar) 36874
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV COMPANY APPLICATION NO. 211 OF 2024 IN COMPANY PETITION NO.166/2001 BETWEEN:
B.K. PURUSHOTHAMA S/O LATE B. KALLAPPA AGED ABOUT 51 YEARS EX-EMPLOYEE, MYSORE KIRLOSKAR LTD., M.K. OFFICERS COLONY MYSORE KIRLOSKAR, YANTRAPURA, HARIHARA, DAVANAGERE DISTRICT, PRESENTLY RESIDING AT NO.57, 'SAKSHATKARA', 6TH CROSS, BANDEMATHA LAYOUT, KOMMAGHATTA ROAD, KENGERI SATELITE TOWN, BENGALURU-560060.
Dig itally signed …APPLICANT by MARKONAHALLI (BY SRI. MALLIKARJUN G., ADVOCATE)
RAMU PRIYA Location: HIGH COURT OF AND:
KARNATAKA THE OFFICIAL LIQUIDATOR THE MYSORE KIRLOSAKAR LTD., (IN LIQN.,)
12TH FLOOR, RAHEJA TOWERS, M.G. ROAD, BENGALURU.
…RESPONDENT (BY SRI. K.S.MAHADEVAN, ADVOCATE)
THIS COMPANY APPLICATION IS FILED UNDER RULES 6 AND 9 OF THE COMPANY (COURT) RULES, 1959, PRAYING THIS HON'BLE COURT TO ISSUE DIRECTIONS TO THE OFFICIAL LIQUIDATOR TO RECTIFY THE SALE DEED AND TO RECTIFY THE BOUNDARIES AS PER PLAN APPROVED BY THE DAVANAGERE-HARIHARA URBAN DEVELOPMENT AUTHORITY, DAVANAGERE.
THIS APPLICATION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present Application has been filed seeking for appropriate directions to the Official Liquidator to rectify the sale deed and re-fix the boundaries as per the plan approved by the Davanagere-Harihara Urban Development Authority.
2. It is the case of the applicant that the sale deed has been executed in favour of the applicant in terms of the document at Annexure ‘C’ dated 31.08.2017. However, at the time of obtaining khata, there were certain discrepancies in the boundaries that were noticed and accordingly, the present application has been filed seeking for execution of a rectification deed and to mention the boundaries of the property as is made out from the approved layout plan extract of which is produced at Annexure ‘E’.
3. Learned counsel for the Official Liquidator submits that sale deed was executed on the basis of records and the Official Liquidator would leave it to the Court to pass appropriate orders as long as the Official Liquidator is indemnified from any future claims by virtue of rectified sale deed.
4. Taking note of submissions of both sides, the contention of the applicant that sale deed may have to be executed with boundaries as is made out in the layout plan prepared by the local Authority which is a statutory Authority requires acceptance. However, it is made clear that in the event any claim is made against the Official Liquidator, the applicant herein is to execute an indemnified bond indemnifying the Official Liquidator as regards such claim.
5. Accordingly, the Application is allowed. Official Liquidator is permitted to execute a rectification deed in terms of the boundaries as made out at Annexure ‘E’ and as sought for by the applicant. It is made clear that all costs of such rectification deed is to be borne by the applicant and the applicant to also execute an indemnity bond prior to the date of registration undertaking to indemnify the Official Liquidator in the event of any claim consequent to issuance of rectified sale deed is lodged.
Accordingly, the Application is allowed.
