In this winding-up proceeding, the High Court closed the petition as infructuous, recognizing that a resolution plan had been passed under Section 31 of the Insolvency and Bankruptcy Code, 2016.
The instant petition for winding up is closed as it has become infructuous.
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.
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GAHC010106872010
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Co.Pet./7/2010
KOTAK MAHINDRA INVESTMENTS LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 AND HAVING ITS REGD. OFFICE AT 36-38A NARIMAN BHAWAN 227 NARIMAN POINT MUMBAI-400021 AND REGISTERED AS A NON BANKING FINANCIAL COMPANY WITH THE RESERVE BANK OF INDIA.
VERSUS
KITPLY INDUSTRIES LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGD. OFFICE AT MAKUM PATHAR A.T. ROAD MARGHERITA-786181
Advocate for the petitioner(s): Mr. GN Sahewalla, Senior Advocate
Advocate for the respondent(s): Ms. S Newar
B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER
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05.08.2024
Mr. GN Sahewala, the learned senior counsel assisted by Mr. J Kotoky, the learned counsel appearing on behalf of the petitioner submits that the instant proceedings for winding up of the respondent company had become infructuous, in view of the fact that a resolution plan has been passed in terms with Section 31 of the Insolvency and Bankruptcy Code, 2016.
JUDGE
Comparing Assistant
1 issue framed by the court
whether the winding up petition was infructuous due to the passage of a resolution plan under Section 31 of the Insolvency and Bankruptcy Code, 2016
KOTAK MAHINDRA INVESTMENTS LIMITED
KITPLY INDUSTRIES LIMITED
DEVASHIS BARUAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
