Disposed

Mr. Santosh Shekhar v. Dreamz Infra India Ltd.

Karnataka HC25 Jan 2023COP/94/2016

Case brief

AI extract

What is this about?

The petitioner filed a company petition under the Companies Act, 1956 for winding up the respondent. Upon learning that CIRP under IBC had commenced, the petitioner sought to dispose of the petition with liberty to pursue claims in the CIRP. The court complied with this prayer.

What did the court decide?

Petition disposed off reserving liberty as sought in the memorial to prefer claim in CIRP.

Mr. Santosh Shekhar Vs Dreamz Infra India Ltd. — Insolvency and Bankruptcy | Karnataka HC (2023)

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COP No. 94 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT COMPANY PETITION NO. 94 OF 2016

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BETWEEN:

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MR. SANTOSH SHEKHAR, S/O SRI T.SHEKAR, AGED ABOUT 35 YEARS, R/AT 106, BUILDING 2 (APARTMENT 2) RAS-AL-HAMRA STREET RAS-AL-HAMRA CENTRE OF OMAN P.O.BOX 81 POSTAL CODE 100

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Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA

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THROUGH HIS GPA HOLDER SMT. JAYALAKSHMISHEKHAR W/O T.SHEKHAR AGED ABOUT 56 YEARS, R/AT NO.02, GROUND FLOOR ROYAL HOMES APARTMENT 5TH A CROSS, OMBR LAYOUT, BENGALURU -560 043.

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…PETITIONER

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(BY MISS SHRISTI WIDGE, ADVOCATE FOR SRI. MANU KULKARNI, ADVOCATE)

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COP No. 94 of 2016

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AND:

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DREAMZ INFRA INDIA LTD (FORMERLY DREAMZ INFRA INDIA PVT. LTD) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 577/B, 2ND FLOOR, OUTER RING ROAD, TEACHERS COLONY, KORAMANGALA BENGALURU - 560 034.

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…RESPONDENT

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(RESPONDENT IS SERVED & UNREPRESENTED)

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THIS COMPANY PETITION IS FILED UNDER SECTIONS 433[e] AND [f] AND 434[1][a] OF THE COMPANIES ACT, 1956, PRAYING TO ORDER OF WINDING UP OF THE RESPONDENT COMPANY; AND ETC.,

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

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ORDER

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Learned counsel for the Petitioner has filed a Memo

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dated 25.01.2023, which reads as under:

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”The advocate undersigned most humbly submits that Corporate Insolvency Resolution Process (CIRP)under the Insolvency and Bankruptcy Code of India, 2016 (IBC) has commenced against the Respondent.

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In view therefore, the Petitioner prays that this Petition may be dispose of with liberty to the Petitioner to prefer its claim in the CIRP of the Respondent and the delay if any, in prefering the said claim in CIRP in view of the pendency of this

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COP No. 94 of 2016

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petition and prosecution thereof by the petitioner, may be condoned, in the interest of justice and equity."

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In view of the above, this Petition is disposed off reserving liberty as having been sought for therein the Memo.

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All contentions are kept open.

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Sd/JUDGE

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Mr. Santosh Shekhar v. Dreamz Infra India Ltd.

Case brief

What is this about?

What did the court decide?

Mr. Santosh Shekhar v. Dreamz Infra India Ltd.

Case brief

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What did the court decide?

What the court decided

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Mr. Santosh Shekhar Vs Dreamz Infra India Ltd.