The court dismissed the company petition seeking direction to wind up as it became infructuous against the extinct entity. The application was also not maintainable against the successor entity due to lack of requisite notices and jurisdiction.
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CMPAT No. 6 of 1987
None appears for the petitioner at the time of call. None appears for the opposite party no.1 at the time
of call.
Mr. J. Dash, learned Sr. Counsel appearing along with Mr. N. Sarkar, learned counsel for opposite party no.2 is present.
The petitioner has filed this application seeking direction to wind up the Sewa Papers Limited-opposite party no.1.
It appears that during pendency of the application, Sewa Papers Limited extinct as legal entity because the same was merged with Ballarpur Industries. But fact remains, Ballarpur Industries has not been made as proper party in the present application in view of the fact that no notice under Section 434, 435 and 436 has been issued to Ballarpur Industries at any point of time and, as such, at the same time, the registered office of the said Ballarpur Industries is situated at Maharastra, not at Delhi or Orissa.
In such view of the matter, against the Ballarpur Industries, this application is not maintainable. So far as the claim as against Sewa Papers Limited, since it is no more in existence, this application has become infructuous.
Accordingly, the company petition stands dismissed.
(DR. B.R. SARANGI)
COMPANY JUDGE
Ashok
2 issues framed by the court
Whether the application is maintainable against an entity that has merged and where notices under Sections 434, 435 and 436 were not issued to the successor.
Whether the application remains maintainable against an entity that has ceased to exist.
1 provisions across 1 enactments
Petitioner
Sewa Papers Limited
Ballarpur Industries
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
