Santosh Umakant Jawadar Vs Official Liquidator of Broadcast Infratel India Private Limited (Karnataka High Court)
The Karnataka High Court considered Company Application No. 39/2025 seeking transfer of Company Petition No. 236/2010, a winding-up petition, to the National Company Law Tribunal (NCLT) under Section 434 of the Companies Act, 2013. The original company petition had been filed in 2010 alleging that the respondent company had failed to discharge its admitted debts. The petition was admitted on 11.11.2011, and on 09.01.2012 the respondent company was ordered to be wound up. The Official Liquidator was directed to take charge of the company’s assets and liabilities, and the Court recorded that ₹32,65,401 was due to the petitioner. The petitioner also deposited ₹10,000 with the Official Liquidator.
Subsequently, the respondent sought recall of the winding-up order. The Court required the respondent to indicate the deposit it was willing to make before considering the request, but the recall applications were ultimately dismissed on 03.01.2018 after the respondent failed to establish bona fides. The Official Liquidator thereafter continued to submit reports under Rule 300 of the Companies (Court) Rules, 1959. Company Application No. 39/2025 was then filed contending that, although a winding-up order had been passed, no irreversible steps had yet taken place in the liquidation process and therefore the matter should be transferred to the NCLT.
