The court held that winding up petitions are infructuous because the Official Liquidator was previously appointed in a related case, dismissing the petitions but preserving rights to claim dues.
Petitions dismissed as infructuous; liberty granted to file claims before Official Liquidator for dues.
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$~CP-2 and 3
Present: Mr.Vishwanath Pratap singh, Adv. for the respondent.
CORAM: HON'BLE MR. JUSTICE JAYANT NATH
O R D E R
% 11.12.2018
In Company Petition 417/2011 this court has already appointed the Official Liquidator as the Provisional Liquidator on 5.9.2013. These two matters also seek the same relief, namely, winding up of the respondent company. As these orders have already been passed in CP 417/2011 nothing further survives in the present petitions. The petitions are dismissed as infructuous.
Liberty is granted to the petitioners to file an appropriate claim before the Official Liquidator as per law regarding their dues
JAYANT NATH, J
DECEMBER 11, 2018 n
1 issue framed by the court
Whether the present company petitions for winding up are maintainable given the appointment of a Provisional Liquidator in a related matter.
1 provisions across 1 enactments
M/S DSR Steel Pvt Ltd
Eco Terrain Projects Pvt Ltd
M/S Surya Manufacturing India Ltd
Jayant Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
