Dismissed¶28

Calypso Foods Private Limited v. Cronus Investments Pte Limited

Karnataka HC6 Mar 2025CA/494/2017

Case brief

AI extract

What is this about?

High Court of Karnataka, Bengaluru; CA No. 494 of 2017 in COP No. 134/2009; Calypso Foods Private Limited (in liquidation) v. Cronus Investments Pte Limited; application by erstwhile Managing Director Debashish Mitra under Rule 9 of the Company Court Rules 1959 read with Section 151 CPC and Section 466 of the Companies Act 1956 to recall the winding up order dated 03.12.2013 in Company Petition No. 134/2009; dismissed for non-prosecution on 06.03.2025 by Justice M.G.S. Kamal; no representation; counsel for company in liquidation permitted to retire on 30.01.2025.

What did the court decide?

As there was no representation when the application came on for orders, the application in CA No. 494/2017 was dismissed for non-prosecution; the merits of the prayer to recall the order dated 03.12.2013 were not examined. ¶28

Calypso Foods Private Limited Vs Cronus Investments… — Company and Corporate | Karnataka HC (2025)

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NC: 2025:KHC:9883 CA No. 494 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL

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COMPANY APPLICATION NO. 494 OF 2017 IN

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COP NO.134/2009

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BETWEEN:

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CALYPSO FOODS PRIVATE LIMITED (IN LIQUIDATION), A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 565-566, HASSAN GROWTH CENTRE K.I.A.D.B. LAND, HASSAN, KARNATAKA, REPRESENTED BY ITS FORMER MANAGING DIRECTOR, MR.DEBASHISH MITRA,

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…APPLICANT

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(BY SMT. KRUTIKA RAGHAVAN, ADVOCATE; CALYPSO FOODS PVT LTD-APPLICANT SERVED)

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Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA

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AND:

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CRONUS INVESTMENTS PTE LIMITED, A COMPANY INCORPORATED UNDER THE LAWS OF SINGAPORE, HAVING ITS OFFICE AT NO.36, ROBINSON ROAD, 18TH FLOOR, CITY HOUSE, SINGAPORE - 048 877, REPRESENTED BY ITS DIRECTOR, MS. CHANTAL MARIA CECILIA, BLOMMERDE.

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…RESPONDENT

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(BY SRI. RAGHURAM CADAMBI., ADVOCATE)

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NC: 2025:KHC:9883 CA No. 494 of 2017

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THIS COMPANY APPLICATION IS FILED UNDER RULE 9 OF THE COMPANY COURT RULES 1959 READ WITH SECTION 151 OF THE CIVIL PROCEDURE CODE 1908 AND SECTION 466 OF THE COMPANIES ACT 1956 PRAYING TO RECALL THE ORDER DATED 03.12.2013, IN COMPANY PETITION NO.134/2009, AND DISMISS THE ABOVE WINDING UP PETITION, AND FURTHER DIRECT THE OFFICIAL LIQUIDATOR TO REINSTATE THE ASSETS AND AFFAIRS OF THE APPLICANT COMPNAY INTO THE HANDS OF THE ERSTWHILE SHAREHOLDERS AND PASS SUCH AND FURTHER ORDERS AS THIS.

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THIS COMPANY APPLICATION, COMING ON FOR ORDERS , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Above application for recalling the order dated 03.12.2013 under Rule 9 of the Companies Court (Rules), 1959 read with Section 151 of the Civil Procedure Code, 1908 and Section 466 of the companies Act, 1956 is filed by one Mr. Debashish Mitra, the erstwhile Managing Director of Calypso Foods Private lmd., company in liquidation.

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Learned counsel who was representing the company in liquidation was permitted to retire by the order dated 30.01.2025 by this Court, and the Registry was directed to print the name of the respondent-company (in liquidation). Accordingly, name of the company in liquidation is shown in the cause list.

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NC: 2025:KHC:9883 CA No. 494 of 2017

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