The court permitted the petitioner to withdraw the company winding-up petition after the respondent paid the full principal debt. The petition is dismissed as withdrawn.
Company Petition No.69 of 2014 dismissed as withdrawn with liberty to recover interest; Comp.A.Nos.443 & 444 of 2014 disposed of as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
Company Application No.918 of 2014 in/and Company Petition No.69 of 2014
Dated 0 4 th August, 2014
Between:
AESSEAL India Private Limited
Petitioner
And
Ameya Laboratories Limited
…Respondent
Counsel for the petitioner: Sri D.Narender Naik
for Sri T.Vinod Kumar
Counsel for the respondent: Sri K.V.Simhadri
The Court made the following:
ORDER:
Company Petition No.69 of 2014 is filed for an order to wind up the respondent-company for non-payment of debt due to the petitioner. This Court by order, dated 23.06.2014, admitted the company petition and directed the petitioner to carry out advertisement in two newspapers.
The petitioner has filed Comp.A.No.918 of 2014 to permit it to withdraw the company petition with liberty to it to approach the civil Court for recovery of interest with principal amount. It is stated in the affidavit filed in support of the application that after the company petition was admitted, the respondent has paid the full principal amount of Rs.7,36,148/- and that therefore, the petitioner may be permitted to withdraw the company petition with liberty to recover the interest by approaching the civil Court.
In the light of the above-mentioned request of the petitioner,
Comp.A.No.918 of 2014 is allowed and the company petition is dismissed as withdrawn with liberty in terms of the prayer made. As a sequel to dismissal of the company petition, Comp.A.Nos.443 & 444 of 2014 shall stand disposed of as infructuous. C.V.NAGARJUNA REDDY, J 04th August, 2014 VGB
AESSEAL India Private Limited
Ameya Laboratories Limited
C.V.Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
