The High Court of Karnataka dismissed two contingent winding-up petitions for non-prosecution. One petitioner withdrew after receiving court notice, while the other presented no appearance on the hearing date.
Petitions dismissed for non-prosecution.
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 - NC: 2023:KHC:43120 COP No. 263 of 2015 C/W COP No. 207 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
COMPANY PETITION NO. 263 OF 2015
C/W
COMPANY PETITION NO. 207 OF 2013
IN COP NO. 263/2015 BETWEEN:
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
VARDHMAN YARNS AND THREADS LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT VARDHMAN PREMISES, CHANDIGARH ROAD, LUDHIANA, PUNJAB. AND HAVING ITS REGIONAL OFFICE AT: BUILDING NO.101/102, J.B. KAVAL K.H.B. COLONY, NANDINI LAYOUT, YESHWANTHPUR, BANGALORE - 560 022. REPRESENTED BY HEREIN BY ITS MR. HANUMANTHA RAJU R.S., SALES ADMINISTRATIVE OFFICER …PETITIONER
(BY SRI. HANUMANTHA RAJU, ADVOCATE)
AND:
INDUS GARMENTS (INDIA)PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, AND HAVING ITS REGISTERED OFFICE AT NO.117A, 5TH MAIN, INDUSTRIAL SUBURB, II STAGE, YESHWANTHPUR, BANGALORE - 560 022. REPRESENTED HEREIN BY ITS MANAGING DIRECTOR …RESPONDENT
(BY SRI. K.S MAHADEVAN, ADVOCATE)
THIS COP IS FILED U/S 433(E) AND (F), 434 AND 439 OF THE COMPANIES ACT, 1956, PRAYING TO PASS AN ORDER FOR WINDING UP OF THE RESPONDENT COMPANY UNDER SECTIONS 433 (E) AND 433 (F) OF THE COMPANIES ACT, 1956 ON THE GROUND OF ITS INABILITY TO PAY DEBTS AND ETC`.
IN COP NO. 207/2013
BETWEEN:
COMBINE SALES PROMOTION, A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT UNIT NO. 117, UDYOG MANDIR, NO.1, 7-C, PITAMBER LANE, MAHI, MUMBAI - 400 016, REPRESENTED BY ITS PARTNER MR. ABID AHMED BATATTAWALLA.
…PETITIONER
(BY SRI. K.S. HARISH, ADVOCATE)
AND:
INDUS GARMENTS (INDIA) PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.107, INDUSTRIAL SUBURB II STAGE, YESHWANTHPUR, BANGALORE - 560 022. REPRESENTED BY ITS MANAGING DIRECTOR.
…RESPONDENT
(BY SRI B.N. PRAKASH, ADVOCATE)
THIS COP IS FILED U/S 433(E) AND 434 R/W SECTION 439 OF THE COMPANIES ACT, 1956, PRAYING TO ORDER THE WINDING UP OF THE RESPONDENT COMPANY IN ACCORDANCE WITH THE PROVISIONS OF THE COMPANIES ACT, 1956 AND ETC.,
THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
None appears for the petitioners.
04.02.2021 has been recalled.
"The Court notice to the petitioner was issued by this Court on 26.04.2023 pursuant to which a report is received from the Registrar of the City Civil Court, Bengaluru placing on record that the notice has been served. The postal acknowledgement also demonstrates the notice has been served to the petitioner on 10.04.2023.
In view of the same the memo of retirement filed by the learned counsel for the petitioner dated 15.02.2023 is accepted.
Learned counsel for the petitioner is permitted to retire from the above case.
Registry to show the name of the petitioner in the cause list.
To enable the petitioner to enter appearance through the counsel, call on 24.11.2023."
dismissed for non prosecution.
Sd/JUDGE
AT
List No.: 1 Sl No.: 46
1 issue framed by the court
Whether two company winding-up petitions discontinued by one petitioner due to retirement should be dismissed for non-prosecution.
2 provisions across 1 enactments
VARDHMAN YARNS AND THREADS LIMITED
COMBINE SALES PROMOTION
INDUS GARMENTS (INDIA) PRIVATE LIMITED
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
