Yatish Kumar Goel v. Mool Chand Birla & Anr.
Case at a glance
- Bench
- KANWALJIT SINGH AHLUWALIA
Provisions considered
- Constitution of India art. 227
- Companies Act, 2013 s. 446
Judgment
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Sudhir Mittal, Advocate for the petitioner. Mr.Anand Chhibber, Advocate for respondent No.1. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) In CM No.22366-CII of 2011 C.M. is allowed. Exemption is granted as prayed for and additional affidavit of Mool Chand Birla – respondent No.1 is taken on record. CR No.4175 of 2011 The present petition has been filed under Article 227 of the Constitution of India praying that order dated 2.5.2011, Annexure P3, passed by the Court of Additional Civil Judge (Sr.Division), Malout, whereby it had dismissed the application, Annexure P2, filed by the petitioner, wherein a prayer was made that the suit be adjourned sine die, as CR No.4175 of 2011 (O&M) [2] the petitioner-company is under liquidation. This Court, on 25.8.2011 had passed the following order:-
Mr.Sudhir Mittal, Advocate has relied upon judgment of Hon'ble Supreme Court in the case Harihar Nath and others vs. State Bank of India and others, (2006) 4 Supreme Court Cases 457 to contend that in view of the specific embargo under Section 446 of the Companies Act, civil Court can not proceed with the recovery suit. Mr.S.M.Wadhera, Advocate prays for an adjournment to distinguish the judgment. List on 16.09.2011 for arguments. Till then further proceedings before the trial Court shall remain stayed.
Today Mr,Anand Chhibber, learned counsel appearing for respondent No.1 has stated that on the day when the application for stay of the suit was filed, the petitioner-company was under provisional liquidation w.e.f. 21.9.2005 and the final winding up order has been passed on
26.8.2011 by Delhi High Court in Company Petition No.306 of 2004/20-5-
2005. Since the winding up order has been passed, further proceedings before the trial Court shall remain stayed. However, liberty is granted to the parties to approach the Company Court to avail the lawful remedy, including transfer of the suit. With the aforesaid observations, the revision petition is disposed of. September 16, 2011. JUDGE ( KANWALJIT SINGH AHLUWALIA ) RC
Precedent status how later indexed judgments have treated this case
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