M/S. Shiva Texyarn Limited v. M/S. Indiana Diary Specialities Ltd. (in Liqn.)
Case brief
What is this about?
Section 446 Companies Act 1956; leave to continue proceedings during liquidation/winding-up; Official Liquidator; withdrawal of company application; dismissal as withdrawn. Parties: M/s. Shiva Texyarn Limited (applicant, represented by Legal Officer C.S. Ramakanth; counsel Smt. Akshata Prasad M. for Sri. Sanjay H.Sethiya) v. M/s. Indiana Diary Specialities Ltd. (In Liqn.) through Official Liquidator (respondent; counsel Smt. Krutika Raghavan). Related proceedings: Company Petition No.4 of 1998 (High Court of Karnataka); Civil Suit No.1100/2022 (Commercial Courts, Chennai). Bench: Hon'ble Ms. Justice Jyoti M (single judge, author). Decision dated 11th day of June, 2026 (NC: 2026:KHC:28311). Outcome: Company Application dismissed as withdrawn; no precedent cited; no monetary amount awarded.
What did the court decide?
On the applicant's memo and counsel's oral submission recording a conscious decision to withdraw (with an undertaking not to seek review or modification of any order passed), the Court placed the submission and memo on record and dismissed Company Application No.71 of 2025 as withdrawn.