Dismissed

Pro Interactive Services India Private Limited v. Writer Safeguard Private Limited -- Cin U74999MH2001PTC130866

Bombay HC8 Mar 2016APP/301/2016

Case brief

AI extract

What is this about?

The High Court Bench dismissed an appeal against an order dismissing a company winding up petition. The lower court refused to admit the petition as the statutory notice was not served at the company's registered address. The High Court upheld this, noting a liberty to file a fresh petition after proper service, and kept merit contentions open.

What did the court decide?

Appeal dismissed; liberty to appellant to file a fresh petition after service of statutory notice at the registered address is made.

Pro Interactive Services India Private Limited Vs… — Company and Corporate | Bombay HC (2016)

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appl-481.15

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ash

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FARAD CONTINUATION SHEET

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.481 OF 2015 IN COMPANY PETITION NO.596 OF 2014

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Office Notes, Office memorandum of Coram, appearances, Court’s orders or directions & Registrar’s orders.

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Court’s or Judge’s orders.

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Shri Vishesh Kalra along with Shri Subit Chaturabanti for the Appellant.

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CORAM : A.S. OKA & G.S.KULKARNI, JJ DATED : 8TH MARCH 2016

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P.C.:

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. Heard the learned counsel appearing for the Appellant. The challenge is to the order dated 2^nd March 2015 passed by the learned Single Judge which reads thus:

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“Admittedly, the statutory notice is not served at the registered address of the Company. In view thereof, the above Company Petition is not accepted and is dismissed with liberty to the Petitioner to file a fresh Petition after service of the statutory notice at the registered address of the Company.”

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(Underlines added )

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appl-481.15

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ash

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In view of the admitted position that the statutory notice is not served at the registered address of the Company, a Company Petition seeking winding up was dismissed. We find nothing wrong with the view taken by the learned Single Judge. A liberty has been already granted to the Appellant to file a fresh Petition after the service of statutory notice at the registered address of the Company is made. Accordingly, the Appeal is dismissed. All contentions on merits are kept open.

Pro Interactive Services India Private Limited v. Writer Safeguard Private Limited -- Cin U74999MH2001PTC130866

Case brief

What is this about?

What did the court decide?

Pro Interactive Services India Private Limited v. Writer Safeguard Private Limited -- Cin U74999MH2001PTC130866

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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