The applicant sought leave to file a scheme of arrangement to revive the respondent company and recall the winding-up order. The Court dismissed the application because the company was already dissolved.
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.
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
CA NO.403 OF 2022 IN COP NO.3 OF 1975
BETWEEN:
MR. S. K. JOHN, S/O T T JOHN, AGED ABOUT 47 YEARS, R/O DOOR NO 6, 3RD CROSS, CAR STREET, ULSOOR, BANGALORE 560 008.
...APPLICANT
(BY SRI.THOMAS V PETER, ADVOCATE)
AND:
M/S. MYSORE TOOLS LIMITED IN LIQUIDATION., REP BY THE OFFICIAL LIQUIDATOR, HIGH COURT OF KARNATAKA , 12TH FLOOR, RAHEJA TOWERS, M G ROAD, BANGALORE 560 001.
… RESPONDENT (BY SRI.SHRISHAIL NAVELGUND, ADVOCATE)
THIS APPLICATION IS FILED UNDER SECTION 446 OF THE COMPANIES ACT, 1956, R/W RULE 6 & 9 OF THE COMPANIES (COURT) RULES, 1959 PRAYING TO GRANT LEAVE TO ENABLE HIM TO FILE A SCHEME OF ARRANGEMENT OF REVIVAL OF THE RESPONDENT COMPAN, AND IN THOSE CIRCUMSTANCES SEEK RECALL OF THE WINDING UP ORDER PASSED ON 20.07.1982 AND ETC.,
2
THIS APPLICATION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The Company itself having been dissolved by virtue
of order dated 27.09.2018, the Application of the kind does not survive for consideration and accordingly is
disposed off.
Sd/JUDGE
Bsv
Mr. S. K. John
M/s. Mysore Tools Limited in Liquidation
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
