IN THE NATIONAL COMPANY LAW TRIBUNAL

BENGALURU BENCH, BENGALURU

[Through Physical hearing/VC Mode (Hybrid)]

ITEM No.28

C.P No.41/BB/2022 IN THE MATTER OF:

Khoday India Ltd & Ors … Petitioner

Vs

ROC, Karnataka … Respondent

Order under Section 7 of Companies Act, 2013

Order delivered on: 11.06.2025

CORAM:

SHRI. SUNIL KUMAR AGGARWAL

HON’BLE MEMBER (JUDICIAL)

SHRI. RADHAKRISHNA SREEPADA

HON’BLE MEMBER (TECHNICAL)

PRESENT:

For the Petitioner : Ms. Gaury Cottaiah

For Respondent : Ms. Maitreyi Bhat

ORDER

1. Heard the Ld. Counsel for the Petitioner.

2. C.P No.41/BB/2022 is disposed of by separate order.

3. File be consigned to records.

-Sd- -Sd-

RADHAKRISHNA SREEPADA SUNIL KUMAR AGGARWAL

MEMBER (TECHNICAL) MEMBER (JUDICIAL)

Gy

IN THE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH C.P. No. 41/BB/2022 [Application under Section 7 of the Companies Act, 2013 read with Rule 8 of the Companies (Incorporation) Rules, 2014 and also read with Rule 66 of the National Company Law Tribunal Rules, 2016]

IN THE MATTER OF:

1. Khoday India Limited Brewery House , 7th Mile, Kanakapura Road, Bengaluru 560 062

2. Khodays Breweries Private Limited Brewery House , 7th Mile, Kanakapura Road, Bengaluru 560 062

3. Khoday Industries (Hyderabad) Private Limited Brewery House , 7th Mile, Kanakapura Road, Bengaluru 560 062

4. Khoday Industries Private Limited Brewery House , 7th Mile, Kanakapura Road, Bengaluru 560 062

5. Khoday Industries (Kuppam) Private Limited Brewery House , 7th Mile, Kanakapura Road, Bengaluru 560 062

6. Khoday Brothers International Private Limited Brewery House , 7th Mile, Kanakapura Road, Bengaluru 560 062

7. Khodayss Technologies Private Limited Brewery House , 7th Mile, Kanakapura Road, Bengaluru 560 062 8. Khodays Hotels Private Limited Brewery House , 7th Mile, Kanakapura Road, Bengaluru 560 062

9. Khoday Properties Private Limited Brewery House , 7th Mile, Kanakapura Road, Bengaluru 560 062

10. Khoday Control Systems Private Limited Brewery House , 7th Mile, Kanakapura Road, Bengaluru 560 062 11. Khoday Business Private Limited Brewery House , 7th Mile, Kanakapura Road, Bengaluru 560 062 …Petitioners Versus

1. The Registrar of Companies E Wing, 2nd Floor, Kendriya Sadana, Koramangala, Bangalore 560 034

2. House of Khodays Private Limited No. 16, 4th Main Road, Vyalikaval, Bengaluru 560 003

3. Mr Khoday Ghanshyam Sahasrarjun Son of Mr. K P Ghanshyam No. 9, Seshadri Road Opp Fire Station, Bengaluru 560 009

4. Mrs. Jayalakshmi Khoday Wife of Mr. K P Ghanshyam No. 9, Seshadri Road Opp Fire Station, Bengaluru 560 009 …. Respondents Order Delivered on: 11.06.2025 Coram: 1. Hon’ble Shri Sunil Kumar Aggarwal, Member (Judicial)

2. Hon’ble Shri Radhakrishna Sreepada, Member (Technical)

For the Petitioner : Shri Karan Joseph For the Respondent : Shri Arjun Rao and Maitreyi Bhat O R D E R

1. The Company Petition was filed on 02.02.2022 with following prayers:

a. Direct that the Registrar of Companies, Karnataka to strike off or remove the Respondent Company – House of Khodays Private Limited from the Registrar of Companies;

b. Initiate appropriate criminal action against the Respondent Nos. 3 and 4 of the Companies Act, 2013 including under Section 447 thereof;

c. Grant such other and further reliefs as this Hon’ble Tribunal deems fit and proper under the circumstances of the case.

2. Brief relevant facts disclosed in the Petition are as follows:

(a) The Applicant Company No. 1 to 5, incorporated during the years

1965 to 1975 under the Companies Act, 1956, carry on the business of manufacturing of liquors, all types of spirits and generally carry on the business of manufacturers, dealers, importers and exporters of liquors. Copies of the Memorandum and Articles of Association of the Companies have been filed.

(b) The Applicant Company No. 6 was incorporated on 22.02.1995 and converted into a Private Limited Company on 29.04.2019. It carries on the business of merchants, importers, exporters of commodities of all kind and manufacturers of textile articles made from all types of materials.

(c)