M/S. Bal Pharma Limited v. M/S. Impel Chemicals Pvt Ltd

Judgment Debtor is that the respondent–Decree Holder Company ceased to exist with effect from 31.03.2007 pursuant to the notice issued by

the Registrar of Companies in exercise of the powers under Section 248(4) of the Companies Act, 2013, and its name having been struck off from the Register of Companies, it has lost its locus to seek enforcement of the decree and recover the decreetal amount.

¶3Per-contra, learned counsel appearing for the Decree Holder would contend that the mere striking off of the name of the Company from the Register of Companies does not extinguish the debts and monies due to the Company from third parties. Placing reliance on Sections 248 and 250 of the Companies Act, 2013, it is contended that the Company continues to retain the right to recover the amounts due to it, notwithstanding its dissolution in terms of Section 248 of the Companies Act.

¶4The Executing Court, having considered the rival contentions, has adverted to the statutory scheme under Sections 248 and 250 of the Companies Act, 2013, and has held that the debts and monies due to the Company

from third parties are not extinguished merely on account of the striking off of its name from the Register of Companies. Consequently, the application filed by the Judgment Debtor has been rejected.

¶5Having examined the order under challenge and the contentions urged by the learned counsel for the parties, this Court finds no infirmity in the approach adopted by the learned Executing Court. The Executing Court has rightly considered the effect of Section 250 of the Companies Act, 2013, and has concluded that the striking off of the name of the Company does not, by itself, extinguish its entitlement to recover the debts and monies due to it from third parties. The decree, therefore, cannot be rendered inexecutable merely on the ground urged by the Judgment Debtor.

¶6No illegality or jurisdictional error is found in the order impugned warranting interference in exercise of the writ jurisdiction of this Court.

Accordingly, the writ petition, being devoid of merit, stands dismissed.

(SACHIN SHANKAR MAGADUM) JUDGE

NBM List No.: 1 Sl No.: 11

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.278 OF 2020 (GM-CPC) BETWEEN: 1. M/S.BAL PHARMA LIMITED A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTRED OFFICE AND FACTORY AT 21 AND 22, BOMMASANDRA INDUSTRIAL AREA BANGALORE - 560 099 AND CORPORATE OFFICE AT: 5TH FLOOR, LAXMI NARAYAN COMLPLEX NO.10/1, PALACE ROAD BANGALORE - 560 052 REPRESENTED BY ITS MANAGING DIRECTOR MR.SHAILESH DEERAJMAL SIROYA AGED ABOUT 53 YEARS S/O SRI.D.B.SIROYA …PETITIONER (BY SRI. D PRABHAKAR, ADVOCATE) AND: M/S.IMPEL CHEMICALS PVT LTD A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGD. OFFICE AT 925, D-1, PRASAD, F.C. ROAD SHIVAJINAGAR, PUNE - 411 004 THROUGH ITS AUTHORISED SIGNATORY/ MANAGING DIRECTOR MR.SHRIKANT VISHWANATH BIBIKAR …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 20.08.2019 PASSED BY THE HONBLE XVII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, IN EXECUTION PETITION NO.140/2015 ON I.A.NO.2 FILED U/SEC.151 CPC VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed by the Judgment Debtor, calling in question the proceedings pending in execution of the decree passed in a summary suit. 2. The principal contention of the learned counsel appearing for the