Allowed

M/S Fanuc India Private Limited v. M/S Evergreen Machine Tool and Automation Pvt. Ltd.

Karnataka HC7 Feb 2024CA/20/2024

Case brief

AI extract

What is this about?

The applicant sought to recall an order passing the order for winding up to permit withdrawal of the petition. The court recalled the winding-up order upon confirmation that liquidation expenses were paid.

What did the court decide?

Recall of the winding-up order dated 08.11.2023 and allow the company application to permit withdrawal of the petition.

M/S Fanuc India Private Limited Vs M/S Evergreen… — Insolvency and Bankruptcy | Karnataka HC (2024)

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1 - NC: 2024:KHC:5269 CA No. 20 of 2024 IN COP No. 165 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

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COMPANY APPLICATION NO. 20 OF 2024

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COMPANY PETITION NO. 165 OF 2014

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BETWEEN:

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M/S FANUC INDIA PRIVATE LIMITED, HAVING REGISTERED OFFICE AT 41-A, ELECTRONIC CITY, BANGALORE - 560 100, REPRESENTED BY ITS AUTHORISED SIGNATORY MR HARIHARAN PILLAI.

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…APPLICANT

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(BY MS NIYATHI M, ADVOCATE FOR APPLICANT SRI JAGADEESHGOUD PATIL, ADV. FOR OL)

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AND:

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Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA

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M/S EVERGREEN MACHINE TOOL AND AUTOMATION PVT LTD., HAVING ITS REGISTERED OFFICE AT NO.5 12^TH MAIN, KEMPAMMA LAYOUT, LAKSHMIDEVINAGAR OPP IR POLYTECHNIC, PEENYA II PHASE, BANGALORE - 560058.

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…RESPONDENT (BY SRI M SANDESH KUMAR, ADVOCATE)

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THIS COMPANY APPLICATION IS FILED UNDER RULE 9 AND RULE 100 OF THE COMPANIES (COURT) RULES, 1959 AND SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO RECALL THE ORDER DATED 08.11.2023 PASSED BY THIS HON'BLE COURT AND CONSEQUENTLY PERMIT THE PETITIONER TO WITHDRAW ABOVE MENTIONED PETITION AND DISPOSE OFF THE SAME IN THE INTERESTS OF JUSTICE AND EQUITY.

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NC: 2024:KHC:5269 CA No. 20 of 2024 IN COP No. 165 of 2014

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THIS COMPANY APPLICATION COMING ON FOR ORDERS THIS DAY THE COURT MADE THE FOLLOWING:

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ORDER

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Learned counsel for the petitioner submits that Rs.15,000/- towards tentative expenses ordered by this Court while passing an order for winding up is paid to the Official Liquidator through Demand Draft dated 05.02.2022 drawn on State Bank of India in favour of Official Liquidator of High Court of Karnataka, Bengaluru.

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The counsel for the Official Liquidator acknowledges the receipt of the Demand Draft referred to above.

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The Order dated 08.11.2023 to wind up the Company is recalled.

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Accordingly, CA 20/2024 is allowed.

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Sd/JUDGE

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CHS

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List No.: Sl No.:

M/S Fanuc India Private Limited v. M/S Evergreen Machine Tool and Automation Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

M/S Fanuc India Private Limited v. M/S Evergreen Machine Tool and Automation Pvt. Ltd.

Case brief

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What did the court decide?

What the court decided

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