Disposed

Schenker India Private Limited v. M/S Lapp India Private Limited

Karnataka HC15 Nov 2023COP/21/2014

Case brief

AI extract

What is this about?

The High Court disposed of a winding-up petition filed by Schenker India against M/s Lapp India, quoting the Supreme Court in Action Ispat. The court transferred the matter to the National Company Law Tribunal for adjudication under the Insolvency and Bankruptcy Code, 2016.

What did the court decide?

Transfer of the present winding-up petition to the National Company Law Tribunal.

Schenker India Private Limited Vs M/S Lapp India… — Specific Performance | Karnataka HC (2023)

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1 - NC: 2023:KHC:40772 COP No. 21 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA

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COMPANY PETITION NO. 21 OF 2014

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BETWEEN:

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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SCHENKER INDIA PRIVATE LIMITED A COMPANTY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT 93-94 KAPASHERA, NEW DELHI - 110 037. ITS BRANCH OFFICE AT NO.101, TOUCH DOWN, 1ST FLOOR, NO.1 & 2, HAL INDUSTRIAL AREA AIRPORT ROAD, BANGALORE - 560 037. REPRESENTED BY ITS AUTHORISED PERSON T.N. SRIDHAR, MANAGER-CREDIT CONTROL. …PETITIONER (BY SMT. B.N. GAURI, ADVOCATE FOR SRI. SHIVANANDA S.,ADVOCATE)

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AND:

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M/S LAPP INDIA PRIVATE LIMITED COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT POLT NO.98, J & K JIGANI INDUSTRIAL AREA, 1ST PHASE, BANGALORE SOUTH - 560 105. REPT. BY ITS MANAGER DIRECTOR …RESPONDENT (BY SMT. SUNITA SRINIVAS ADVOCATE FOR SRI. MRC RAVI, ADVOCATE)

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NC: 2023:KHC:40772 COP No. 21 of 2014

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THIS COP IS FILED U/S 433[E], 434[I][A] AND 439[I][B] OF THE COMPANIES ACT, 1956 AND RULE 95 OF THE COMPANIES COURT RULES, 1959, PRAYING TO ORDER THAT M/S. LAPP INDIA PRIVATE LIMITED HAVING ITS REGISTERED OFFICE PLOT NO.98, J & K, JIGANI INDUSTRIAL AREA, 1ST PHASE, BANGALORE SOUTH 560 105, KARNATAKA, INDIA, THE RESPONDENT COMPANY ABOVE NAMED BE ORDERED AND DIRECTED TO BE WOUND - UP BY THIS HON'BLE COURT UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The present petition is filed under Section 433 (E), 434 (I)(A) and 439 (I)(B) Companies Act, 1956, to wind up the Respondent-Company.

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Notice in the present petition has been served

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on the respondent, who has entered appearance, filed the statement of objections and the matter is required to be heard for admission.

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The Hon'ble Supreme Court in the case of

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Action Ispat and Power (P) Ltd., v. Shyam Metalics

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and Energy Ltd.,¹ has held as follows:

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1 (2021) 2 SCC 641

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3 - NC: 2023:KHC:40772 COP No. 21 of 2014

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“25. Given the aforesaid scheme of winding up under Chapter XX of the Companies Act, 2013, it is clear that several stages are contemplated, with the Tribunal retaining the power to control the proceedings in a winding-up petition even after it is admitted. Thus, in a winding-up proceeding where the petition has not been served in terms of Rule 26 of the Companies (Court) Rules, 1959 at a pre-admission stage, given the beneficial result of the application of the Code, such winding-up proceeding is compulsorily transferable to NCLT to be resolved under the Code. Even post issue of notice and pre-admission, the same result would ensue. However, post admission ……….”

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(emphasis supplied)

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In view of the dicta laid down by the Hon'ble

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Supreme Court, as noticed above, the present petition is transferred to the National Company Law Tribunal to be adjudicated in terms of the provisions of the Insolvency and Bankruptcy Code, 2016.

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Sd/-

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JUDGE

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PNV/List No.: 1 Sl No.: 21/CT:SNN

Schenker India Private Limited v. M/S Lapp India Private Limited

Case brief

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Schenker India Private Limited v. M/S Lapp India Private Limited

Case brief

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