THE HIGH COURT OF KARNATAKA
R DEVDAS
CLASSIC LEGENDS PRIVATE LIMITED – Appellant
Versus
THE OFFICIAL LIQUIDATOR OF – Respondent
CA 19/2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS COMPANY APPLICATION NO.19 OF 2026 IN COMPANY PETITION NO. 76 OF 1991 C/W COMPANY APPLICATION NO.410 OF 2016 BETWEEN:
CLASSIC LEGENDS PRIVATE LIMITED MAHINDRA TOWERS, P.K.KURNE CHOWK WORLI, MUMBAI MAHARASTRA- 400 018.
REP. BY ITS AUTHORISED SIGNATORY MR. ANISH JOSHI …APPLICANT (BY SRI. S.S.NAGANAND, SENIOR COUNSEL FOR SMT. MYTHILI GIRISH., ADVOCATE)
AND:
THE OFFICIAL LIQUIDATOR OF M/S IDEAL JAWA (INDIA) LIMITED (IN LIQUIDATION)
ATTACHED TO THE HON’BLE HIGH COURT OF KARNATAKA CORPORATE BHAVAN, NO.26-27, 12TH FLOOR, RAHEJA TOWERS, M.G.ROAD BENGALURU- 560 001.
…RESPONDENT (BY MS. KRUTIKA RAGHAVAN., ADVOCATE)
THIS COMPANY APPLICATION NO.19/2026 IS FILED UNDER ORDER I RULE 10 READ WITH SECTION 151 OF CPC READ WITH RULES 6 AND 9 OF THE COMPANY COURT RULES, SEEKING TO ALLOW THE PRESENT APPLICATION AND IMLEAD THE APPLICANT IN THE PRESENT PROCEEDINGS, IN THE INTEREST OF JUSTICE.
THIS OLR 85/2025 ALONG WITH COMPANY APPLICATION NO.19/2026 HAVING BEEN HEARD AND RESERVED ON 18.02.2026 AND COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: HON'BLE MR JUSTICE R DEVDAS CAV ORDER ON OLR 85/2025 A/W C.A.19/2026 (PER: HON'BLE MR JUSTICE R DEVDAS)
This Official Liquidator’s Report is filed under Section
457(1) of the Companies Act, 1956, at the hands of the Official Liquidator seeking permission to initiate legal proceedings before the Hon’ble Supreme Court of India against M/s. Classic Legends Private Limited and Mr.Boman R.Irani, by filing a Special Leave Petition seeking to set aside the order dated 27.11.2025 passed by the Hon’ble Division Bench of this Court in Original Side Appeal Nos.2 to 13 of
2023.
2. The said M/s. Classic Legends Private Limited has filed a Company Application No.19/2026 under Order I Rule 10 read with Section 151 of CPC read with Rules 6 and 9 of the Company Court Rules, 1959, to implead the applicant as a party in these proceedings and has also filed statement of objections to the Report filed by the Official Liquidator.
3. At the outset, preliminary objections are raised at the hands of the Official Liquidator/applicant that the impleading application cannot be allowed and the impleading applicant is neither a necessary nor proper party to be heard in this matter. Learned Counsel for the Official Liquidator submitted that the impleading applicant cannot have any say in the present proceedings where the Official Liquidator is formally seeking permission from this Court, in view of the mandate prescribed in Section 457(1) of the Act. It is the contention of the Official Liquidator that the Trade Mark “YEZDI” were owned by the M/s. Ideal Jawa (India) Limited (under winding up proceedings) and whereas Mr.Boman R. Irani and his Company who were earlier the Directors/Promoters of M/s.Ideal Jawa were trying to register the Trade Mark afresh and the said issue along with many other issues were considered by the Division Bench of this Court in Original Side Appeal Nos.2 to 13 of 2023 and the Hon’ble Division Bench has held the issue against the Official Liquidator. The Official Liquidator is therefore before this Court seeking permission to file an SLP before the Hon’ble Supreme Court, questioning the orders passed by the Hon’ble Division Bench. Such being the position, the opposite party cannot make use of this forum to prevent the Official Liquidator from approaching the Hon’ble Supreme Court. It is therefore the contention of the Official Liquidator that it is unheard of that an application filed under Section 457 can be opposed by the opposite party.
4. Per contra, learned Senior Counsel Sri.S.S.Naganand, appearing for the impleading applicant sought to place reliance on a judgment of the Hon’ble Supreme Court in the case of Shankar Lal Aggarwala and Others Vs. Shankar Lal Poddar and Others, 1963 SCC OnLine SC 80, where Section 197 of the Companies Act, 1913, which is peri metir
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