An application filed under Section 391 of the Companies Act praying for ordering a meeting of secured creditors and shareholders was disposed of as withdrawn by the applicant on 18.01.2023.
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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.42 OF 2016
IN
COP NO.56 OF 2008
BETWEEN:
DR. KIRTIVAN D. KOTIAN S/O.LATE DEVAPAP BABVU KOTIAN, 114, 2ND BLOCK, 8TH MAIN, (NEAR B.M.HOSPITAL) JAYALAKSHMIPURAM, MYSORE-570 012.
...APPLICANT
(BY SRI. AHESH KUMAR S,ADVOCATE)
AND:
MOHAN SINGH PROPRIETOR M/S MOHAN ENGINEERING HAVING ITS OFFICE AT NO.610, OPPOSITE GOVERNMENT HOSPITAL HUNSUR MAIN ROAD, YELWAL, MYSURU-571 130.
S.MANIKYA PLATICHEM PRIVATE LIMITED, FORMERLY KNOWN AS S LON MANEKYA, PLASTICHEM PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, AND HAVING ITS REGISTERED OFFICE AT PLOT NO.5, BELAVADI INDUSTRIAL AREA,
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HUNSUR ROAD, MYSORE-570 018.
… RESPONDENT
THIS APPLICATION IS FILED UNDER SECTION 391 OF THE COMPANIES ACT, R/W RULES 6 & 9 OF THE COMPANIES RULES, 1959, PRAYING TO ORDER A MEETING OF THE SECURED CREDITOR - STATE BANK OF INDIA ALONG WITH ALL THE SHAREHOLDERS OF THE RESPONDENT COMPANY AND THE APPLICANT HEREIN, TO BE CALLED, HOLD AND CONDUCT IN SUCH MANNER AS THIS HON'BLE COURT DIRECTS.
THIS APPLICATION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
This Application is disposed off as having been
withdrawn in terms of the Memo filed on 18.01.2023 which reads as under:
“It is submitted that the instant Application filed by Dr.Kirtivan D Kotian is infructuous and it is most respectfully prayed that this Hon’ble Court may be pleased to dismiss the above Application as withdrawn and to pass such Orders and further Orders in the interest of justice and equity.”
Sd/JUDGE
Bsv
1 issue framed by the court
Whether an application under Section 391 of the Companies Act for ordering a meeting of secured creditors and shareholders should be disposed of on withdrawal by the applicant?
2 provisions across 2 enactments
Dr. Kirtivan D. Kotian
S.Manikya PlaticheM Private Limited
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
