The High Court of Rajasthan allowed the Official Liquidator to withdraw the company application regarding winding up as the petitioner sought withdrawal mentioning the death of one respondent and holding another not as a legitimate director.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Company Application No. 33/2011
Official Liquidator Of M/s Shri Sidh Plantation And Farms Limited N Liquidation.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Vijay Choudhary for OL For Respondent(s) : Mr. Mudit Singhvi on behalf of Mr. Vineet Mehta
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment / Order
17/01/2019
Counsel for the OL as per instructions and in view of the judgment passed by the court of ACJM(Economic Offences)Jaipur Metropolitan, Jaipur dated 30th September, 2005 whereby respondent no.2 was held to be not a ex-director of the company and also in view of that the respondent no.1 has expired, seeks to withdraw the present company application.
Keeping in view the settle law that proceedings against the deceased ex-director cannot be continued through the legal heirs
[COAP-33/2011]
(2 of 2)
and keeping in view the decision of Court of ACJM(supra), this court allows the petitioner to withdraw the said application. Accordingly, the company application is dismissed as withdrawn.
(SANJEEV PRAKASH SHARMA),J
Anu/
Official Liquidator Of M/s Shri Sidh Plantation And Farms Limited
Shri Manak Chand Nahata
Sh. Ajay Kumar Nahata
Shri Sagar Mal Kathotia
Sanjeev Prakash Sharma
As recorded by the court registry
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