Karnataka High Court
M/S Manipal Home Finance Limited vs Nil on 3 April, 2025
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NC: 2025:KHC:14373
CA No. 394 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
COMPANY APPLICATION NO. 394 OF 2024
BETWEEN:
M/S MANIPAL HOME FINANCE LIMITED
REGISTERED OFFICE AT N-301,
3RD FLOOR, NORTH BLOCK,
FRONT WING MANIPAL CENTRE,
47 DICKENSON ROAD, BANGALORE
KARNATAKA - 560 042 REPRESENTED
BY ITS DIRECTOR MR. T. SUDHAKAR PAI
...APPLICANT
Digitally (BY SRI. SRIKANT MOHAN, ADVOCATE)
signed by H
K HEMA
Location: AND:
HIGH
COURT OF
KARNATAKA NIL
...RESPONDENT
THIS COMPANY APPLICATION IS FILED UNDER SECTION
391 TO 393 READ WITH SECTION 394 OF THE COMPANIES
ACT, 1956 AND SECTION 125 OF THE COMPANIES ACT, 2013
PRAYING TO ISSUE ORDER OR DIRECTION TO TRANSFER THE
UNCLAIMED AMOUNTS AGGREGATING TO RS INR 12,55,155
(RUPEES TWELVE LAKH FIFTY-FIVE THOUSAND ONE HUNDRED
FIFTY-FIVE ONLY) DUE TO THE SAID LIST OF DEPOSITORS
AND BONDHOLDERS TO INVESTOR EDUCATION AND
PROTECTION FUND (IEPF) AND TO PASS SUCH OTHER
APPROPRIATE ORDER OR DIRECTION, WHICH THIS HON'BLE
COURT MAY DEEM FIT AND PROPER ON THE FACTS OF THE
CASE, IN THE INTEREST OF JUSTICE.
THIS COMPANY APPLICATION, COMING ON FOR ORDERS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:14373
CA No. 394 of 2024
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
The Applicant/Company had filed the Company petition in COP No.259/2002 and a connected application No.924/2002, for sanction of scheme of compromise and arrangement (revised) between the Applicant/Company, its members and creditors Under Section 391 to 393 R/w Section 394 of the Companies Act, 1956.
2. The said scheme was approved by the order of this Court vide order dated 15.10.2004. As per the said order, it is submitted that the Applicant/Company has paid payments to the depositors and bond holders. However, it could not make necessary payments to 186 depositors and bond holders due to unavailability of the latest contact information and the notices sent to them has been returned with a shara 'addressee not found'.
3. It is submitted that the applicant is liable to pay a total sum of Rs.12,55,155/- along with interest thereon to the said unfound depositors/bond holders and for that -3- NC: 2025:KHC:14373 CA No. 394 of 2024 reason, the present Company Application is filed with the following prayers.
"1. Issue order or Direction to transfer the unclaimed amounts aggregating to Rs.INR 12,55,155 (Rupees Twelve Lakh Fifty-five Thousand One Hundred Fifty-five only) due to the said list of Depositors and Bondholders to Investor Education and Protection Fund (IEPF).
2. To pass such other appropriate Order or Direction, which this Hon'ble Court may deem fit and proper on the facts of the case, in the interest of justice."
4. Section 125(1), (2)(i) of the Companies Act, 2013 reads as under:
"125. Investor Education and Protection Fund:
(1) The Central Government shall establish a Fund to be called the Investor Education and Protection Fund (herein referred to as the Fund).
(2) There shall be credited to the Fund-
XXX -4- NC: 2025:KHC:14373 CA No. 394 of 2024
(i) matured deposits with companies other than banking companies;"
5. The applicant prays that, it may be permitted to deposit the unpaid amount with it in the Investors Education and Protection Fund as per the aforementioned provision. Based on the aforementioned submission, the Company Application is hereby allowed. Hence, the following;
ORDER
(i) The company petition is allowed.
(ii) The Applicant/Company is permitted to deposit the aforementioned amount in the Investor Education and Protection Fund as contemplated under Section 125 of the Companies Act, 2013, reserving the liberty to the depositors to reclaim the same, in accordance with law.
(iii) It is hereby clarified that this order will not come in way of depositor, making -5- NC: 2025:KHC:14373 CA No. 394 of 2024 such claim against the Applicant/Company, if they have any.
Sd/-
(M.I.ARUN) JUDGE BH List No.1: Sl No.41