The court allowed an appeal against a winding-up order despite the company's non-appearance at the hearing. The winding-up petition was withdrawn after the appellant paid the entire disputed dues, and no objection was raised against the withdrawal.
The Company Petition No.509 of 2013 is dismissed; the winding-up order is set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APP(L).732.2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL (L) NO.732 OF 2014 IN COMPANY PETITION NO.509 OF 2013 WITH NOTICE OF MOTION (L) NO.2729 OF 2014
Kusum Bhandary Construction Pvt.Ltd. Appellant versus
Ultratech Cement Limited Respondent
Mr.Mayur D. Sapkale and D.S.Sapkale for Appellant. Mr.Rushil Mathur i/by India Law Alliance for Respondent. Mr.L.T.Satelkar for Official Liquidator.
CORAM : MOHIT S. SHAH, C.J. AND B.P.COLABAWALLA, J.
DATE : 10 February 2015
PC :
The appeal is directed against order dated 30 October 2014 of the learned Company Judge ordering windingup of the Appellant company M/s.Kusum Bhandary Construction Private Limited. The learned Company Judge passed the impugned order because none appeared for the Appellant company at the hearing and no affidavit-in-reply was filed on behalf of the Appellant.
2 of 3 APP(L).732.2014
3 of 3 APP(L).732.2014
(CHIEF JUSTICE)
(B.P.COLABAWALLA, J.)
MST
3 issues framed by the court
Whether the winding-up order can be set aside when the respondent has received full payment of dues.
Whether the withdrawal of a winding-up petition after satisfaction of dues requires the revocation of the impugned order.
Whether the appeal is maintainable when the respondent indicates no interest in prosecuting the petition.
Kusum Bhandary Construction Pvt. Ltd.
Ultratech Cement Limited
MOHIT S. SHAH
B. P. COLABAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
