Karnataka High Court
M/S. Neutech Solar Systems Pvt Ltd vs M/S. Environ Energy Corporation on 4 September, 2015
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER 2015
BEFORE
THE HON'BLE MR.JUSTICE H.BILLAPPA
COMPANY APPLICATION No.964/2015
IN
COMPANY PETITION No.225/2011 AND
COMPANY PETITION No.225/2011
BETWEEN:
M/S NEUTECH SOLAR SYSTEMS PVT LTD
REGISTERED OFFICE AND WORK AT
P.B.# 9167,B.M.SHANKARAPPA INDL. ESTATE,
SUNKADAKATTE, MAGADI MAIN ROAD,
BENGALURU -560091
REPRESENTED BY ITS DIRECTOR
SRI B.PRAKASH. ...APPLICANT
IN C.A.NO.964/2015/
...PETITIONER
IN COP NO.225/2011
(BY SRI.NAGENDRA KUMAR, ADVOCATE,
SRI.GANAPATHI BHAT, ADVOCATE,
FOR M/S KUMAR & BHAT, ADVOCATES)
AND:
1. M/S.ENVIRON ENERGY CORPORATION
INDIA PRIVATE LIMITED
REGISTERED OFFICE AT
NO.20/1,BETTA CHAMBERS,
4TH CROSS, 5TH MAIN,
CHAMRAJPET, BENGALURU-560018
REPRESENTED BY ITS DIRECTORS
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2. SRI.SOUMENDRA KISHORE CHAKRABORTY
MANAGING DIRECTOR,
M/S.ENVIRON ENERGY CORPORATION
INDIA PRIVATE LIMTIED
NO.20/1, BETTA CHAMBERS,
4TH CROSS, 5TH MAIN, CHAMARAJPET,
BENGALURU 560018
3. SRI.JYOTI KUMAR PODDAR,
DIRECTOR, M/S ENVIRON ENERGY CORPORATION
INDIA PRIVATE LIMTIED,
NO.20/1, BETTA CHAMBERS,
4TH CROSS,5TH MAIN, CHAMARAJPET,
BENGALURU -560018. ...COMMON RESPONDENTS
(BY SRI.K.S. MAHADEVAN, ADVOCATE AND
SRI.V.JAYARAM, ADVOCATE FOR OFFICIAL LIQUIDATOR,
NOTICE TO R-2 AND R-3 HELD SUFFICIENT V/O DT.24.7.2015,
R-1 SERVED)
*****
THIS COMPANY APPLICATION IS FILED UNDER RULES 6
AND 9 OF THE COMPANY RULES, 1956, PRAYING TO RECALL
THE ORDER OF WINDING UP VIDE ITS ORDER DATED
24.07.2015 AND PERMIT THE PETITIONER TO FILE THE SAME
BEFORE JURISDICTIONAL HIGH COURT OF KOLKATA, AT
KOLKATA.
THIS COP IS FILED UNDER SECTION 433(e) & (f) OF THE
COMPANIES ACT, 1956 PRAYING FOR WINDING UP OF THE
RESPONDENT COMPANY IN ACCORDANCE WITH THE
PROVISIONS OF THE COMPANIES ACT, 1956 ETC.,
THIS COMPANY APPLICATION AND COMPANY PETITION
COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING: -
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ORDER
Company Application No.964/2015 has been filed by the applicant/petitioner praying to recall the order dated 24.7.2015 passed by this Court in Company Petition No.225/2011 and permit the petitioner to file the petition before the jurisdictional High Court at Kolkata.
2. It is stated, the petitioner had filed Company Petition in COP No.225/2011. It was allowed by order dated 24.7.2015. Recently the Official Liquidator has filed a memo stating that the Registered Office of M/s.Environ Energy Corporation India Private Ltd., was changed from the State of Karnataka to the State of West Bengal during the year 2009 itself and the winding up order is without jurisdiction. Therefore, the applicant/petitioner has prayed for recalling the order dated 24.7.2015 and permit the petitioner to file the petition before the jurisdictional High Court at Kolkata.
3. The learned counsel for the Official Liquidator submits that a memo dated 7.8.2015 has been filed stating that -4- the registered office of M/s.Environ Energy Corporation India Private Limited was changed from the State of Karnataka to State of West Bengal and therefore, the winding up order suffers from lack of jurisdiction. Therefore, the order dated 24.7.2015 may be recalled.
4. The learned Counsel for the petitioner does not dispute the fact that the order dated 24.7.2015 suffers from lack of jurisdiction. Therefore, the application needs to be allowed.
5. Accordingly, the Company Application No.964/2015 is allowed and the order dated 24.7.2015 passed in Company Petition No.225/2011 is recalled with liberty to the petitioner to file the petition before the jurisdictional High Court in accordance with law. Company petition No.225/2011 stands disposed of as above.
Sd/-
JUDGE NG* Ct: PR