The court dismissed the winding up petition against Indus Fila Limited as withdrawn. Counsel informed the court that a resolution professional was appointed and a resolution plan was approved in 2019, rendering the petitioner's claims non-survivable for consideration.
The winding up petition is dismissed and treated as withdrawn.
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.
COP No. 137 of 2011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ COMPANY PETITION NO. 137 OF 2011
BETWEEN:
BRANCH OFFICE FIRST FLOOR, PARAMANNA LAYOUT, B.H. ROAD, NELAMANGALA, BANGALORE-562123 REP BY ITS POWER AGENT, MR. HIMANSHU PALKAR
…PETITIONER
(BY SRI. SUHAS T L FOR N. V. S. & ASSTS., ADVOCATE)
AND:
…RESPONDENT
Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA
(BY SRI. MAYANNA, FOR. M/S LAWYERS INC., ADVOCATE)
THIS COMPANY PETITION IS FILED UNDER SECTION 433(E) R/W SECTION 434(1)(B) & 439 OF THE COMPANIES ACT, 1956, PRAYING THAT FOR THE REASONS STATED THEREIN THIS HON'BLE COURT MAY BE PLEASED TO WIND UP THE COMPANY INDUS FILA LIMITED HAVING ITS REGISTERED OFFICE AT SURVEY NO.285, 37TH KM STONE, KASABAHOBLI, NELAMANGALA, BANGALORE-562123 UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 AND ETC.,
COP No. 137 of 2011
THIS COMPANY PETITION COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCE THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sd/JUDGE
GVP
2 issues framed by the court
Whether the winding up petition survives after the approval of the resolution plan in insolvency proceedings?
Whether to admit or dismiss the winding up petition filed under Section 433(E) r/w Section 434(1)(B) of the Companies Act, 1956?
3 provisions across 1 enactments
BARCLAYS BANK PLC
INDUS FILA LIMITED
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
