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M/S Benzfab Technologies Pvt.Ltd. v. M/S.Edac Engineering Ltd.

Orissa HC5 Feb 2025WP(C)/1067/2020

Case brief

AI extract

What is this about?

Benzfab Technologies Private Limited v. EDAC Engineering Limited; High Court of Orissa, W.P.(C) No. 1067 of 2020, order dated 05.02.2025; writ petition seeking certiorari to quash corporate insolvency proceeding CP (IB) No.131/CTB/2019 before NCLT Cuttack Bench; disposed of as infructuous on amicable settlement; advocates Bibhuti Keshari Biswal (petitioner), Ambika Mishra (OP No.1); Bench: K.R. Mohapatra and S.K. Mishra, JJ.; no statute or precedent cited.

What did the court decide?

In view of the amicable settlement submitted by counsel for the petitioner and supported by counsel for Opposite Party No.1, the writ petition was disposed of as infructuous; no certiorari was issued and the tribunal proceeding was not quashed by this order. ¶28

M/S Benzfab Technologies Pvt.Ltd. Vs M/S.Edac Engineering Ltd. — Orissa HC (2025) — LawSathi Research

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Signature Not Verified

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Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 05-Feb-2025 17:56:44

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) NO. 1067 of 2020

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M/s Benzfab Technologies Private Limited, Bhubaneswar

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Petitioner

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Mr. Bibhuti Keshari Biswal, Advocate

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-versus-

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M/s EDAC Engineering Limited, Chennai and another

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…. Opp. Parties

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Mr. Ambika Mishra, Advocate (For Opposite Party No.1)

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CORAM:

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JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA

ORDER

Order No.

05.02.2025

1. This matter is taken up through hybrid mode.

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Petitioner in this writ petition prays for the following

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reliefs:-

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“It is, therefore, prayed that let this Hon’ble Court may graciously be pleased to issue rule NISI by calling upon the Opp. Parties as to why the corporate insolvency proceeding pending before the National Company Law Tribunal, Cuttack Bench: Cuttack vide CP (IB) No.131/CTB/2019 shall not be quashed and if the Opp. Parties failed to show cause or show insufficient cause, then the Rule be made absolute by issuing a writ of certiorari, thereby quashing the proceeding in CP (IB) No.131 /CTB/2019 pending before the National Company Law Tribunal, Cuttack Bench: Cuttack in the ends of justice; and

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May further be pleased to issue any other writ/writs, order/orders as this Hon’ble Court may deem fit and property in the ends of justice and equity.

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And for this act of kindness, the Petitioner as in duty bound shall ever pray.”

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Learned counsel for the Petitioner submits that the matter

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has been amicably settled in the meantime.

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Page 1 of 2

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Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 05-Feb-2025 17:56:44

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