The court dismissed the winding-up petition filed under Sections 433(E) and 434 of the Companies Act, 1956, holding that the petition had become infructuous due to the withdrawal memo filed by the petitioner's counsel.
The petition was dismissed as having been rendered infructuous and withdrawn.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.
NC: 2023:KHC:39310 COP No. 1 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA COMPANY PETITION NO. 1 OF 2016
BETWEEN:
A PRIVATE LIMITED COMPANY, INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, AND HAVING ITS OFFICE AT #S-7, 2ND FLOOR, ESTEEM ARCADE, NO.26, RACE COURSE ROAD, BANGALORE-01, REPRESENTED BY ITS MANAGING DIRECTOR, SRI.RAJENDRA KUMAR JAIN.
…PETITIONER
(BY SRI SANJAY H SETHIYA, ADVOCATE)
AND:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
…RESPONDENT
(BY SRI NANDAKUMAR C K, ADVOCATE)
THIS COMPANY PETITION IS FILED U/S 433(E) R/W 434 OF THE COMPANIES ACT, 1956, PRAYING TO PASS AN ORDER OF WINDING UP OF THE RESPONDENT COMPANY, I.E., BHUWALKA STEEL INDUSTRIES PVT. LTD., HAVING ITS REGISTERED OFFICE AT 'BHUWALKA CENTRE', NO. 71, 3RD CROSS, RESIDENCY ROAD, BANGALORE - 25, AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:39310 COP No. 1 of 2016
ORDER
Learned counsel for the petitioner has filed a memo,
which reads as follows:
“ The petitioner humbly submits that the instant petition has become infructuous and hence is filing this Memo for Withdrawal. In view of the same, the Memo may kindly be taken on record and this Hon’ble Court may be pleased to dismiss the above writ petition as withdrawn in the interest of justice and equity.”
dismissed as having been rendered infructuous.
Sd/JUDGE
ND
List No.: 2 Sl No.: 23
1 issue framed by the court
Whether the winding-up petition under Sections 433(E) and 434 of the Companies Act, 1956 should be dismissed as withdrawn and infructuous.
2 provisions across 1 enactments
Deccan Mininig Syndicate Private Limited
Bhuwalka Steel Industries Ltd
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
