Petitioners filed a winding up petition against a company marked as struck off on the ROC Bangalore register. Petitioners claimed dues of Rs. 55 lakhs and sought liberty to move appropriate court for recovery upon revival.
Liberty to recover dues from the respondent company before the appropriate Court of Law in the event of revival is reserved.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
COMPANY PETITION NO. 232 OF 2012
BETWEEN:
Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA
BOTH ARE RESIDING AT NO.93, 4TH FLOOR, BJIMJAJYOTHI, LIC COLONY, 2ND STAGE, WEST OF CHORD ROAD, BANGALORE-79
… PETITIONERS
(BY SRI. SHIVARUDRAPPA SHETKAR., ADVOCATE)
AND:
REPRESENTED BY ITS MANAGING DIRECTOR SRI. L GANGADHAR
… RESPONDENT
(RESPONDENT - SERVED)
THIS COP IS FILED UNDER SECTIONS 433 (E), (F) AND 439 OF THE COMPANIES ACT, 1956, PRAYING TO: (A) THAT THE RESPONDENT COMPANY MAY BE WOUND UP BY THIS HON'BLE COURT UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956: (B) THAT THE OFFICIAL LIQUIDATOR, HIGH COURT OF KARNATAKA, BE APPOINTED AS LIQUIDATOR OF THE RESPONDENT COMPANY FOR ALL ITS ASSETS, PROPERTIES, BANK ACCOUNTS AND BOOK DEBTS WITH NECESSARY POWERS UNDER THE PROVISION OF THE COMPANIES ACT, 1956 AND ETC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
A memo is filed by the learned counsel for the petitioner. The said memo reads as hereunder:
"The petitioner respectfully submits as under:
In view of the fact that the respondent Company is shown as "Striked Off" in the Registrar of Companies, Bangalore, and since the said respondent Company is due to the petitioner a sum of Rs.55,00,000/- (Rupees fifty five lakhs only), the petitioner seeks leave
NC: 2024:KHC:21464 COP No. 232 of 2012
of this Hon'ble Court to withdraw the present petition with the liberty to recover the dues to him from the respondent Company before the appropriate Court of Law as available to the petitioner, in the ends of justice."
petition is dismissed. Liberty as sought for is reserved making it clear that in the event the company stands revived, the petitioner is at liberty to move for revival of the petition.
Sd/JUDGE
VP
1 issue framed by the court
Whether to allow the winding up petition of a company struck off the register.
1 provisions across 1 enactments
Sri M N Shekar
Sri. M N Rajesh
M/s Guru Agri Farm Pvt Ltd
Sunil Dutt Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
