Karnataka High Court
Schenker India Private Limited vs M/S Lapp India Private Limited on 15 November, 2023
-1-
NC: 2023:KHC:40772
COP No. 21 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
COMPANY PETITION NO. 21 OF 2014
BETWEEN:
SCHENKER INDIA PRIVATE LIMITED
A COMPANTY INCORPORATED UNDER
THE COMPANIES ACT 1956,
HAVING ITS REGISTERED OFFICE
AT 93-94 KAPASHERA,
NEW DELHI - 110 037.
ITS BRANCH OFFICE AT NO.101,
TOUCH DOWN, 1ST FLOOR,
Digitally signed NO.1 & 2, HAL INDUSTRIAL AREA
by BHARATHI S
AIRPORT ROAD,
Location: HIGH BANGALORE - 560 037.
COURT OF REPRESENTED BY ITS AUTHORISED
KARNATAKA
PERSON T.N. SRIDHAR,
MANAGER-CREDIT CONTROL.
...PETITIONER
(BY SMT. B.N. GAURI, ADVOCATE FOR
SRI. SHIVANANDA S.,ADVOCATE)
AND:
M/S LAPP INDIA PRIVATE LIMITED
COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE
COMPANIES ACT, 1956
AND HAVING ITS REGISTERED OFFICE AT
POLT NO.98, J & K
JIGANI INDUSTRIAL AREA,
1ST PHASE,
BANGALORE SOUTH - 560 105.
REPT. BY ITS MANAGER DIRECTOR
...RESPONDENT
(BY SMT. SUNITA SRINIVAS ADVOCATE FOR
SRI. MRC RAVI, ADVOCATE)
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NC: 2023:KHC:40772
COP No. 21 of 2014
THIS COP IS FILED U/S 433[E], 434[I][A] AND 439[I][B] OF
THE COMPANIES ACT, 1956 AND RULE 95 OF THE COMPANIES
COURT RULES, 1959, PRAYING TO ORDER THAT M/S. LAPP INDIA
PRIVATE LIMITED HAVING ITS REGISTERED OFFICE PLOT NO.98, J &
K, JIGANI INDUSTRIAL AREA, 1ST PHASE, BANGALORE SOUTH 560
105, KARNATAKA, INDIA, THE RESPONDENT COMPANY ABOVE
NAMED BE ORDERED AND DIRECTED TO BE WOUND - UP BY THIS
HON'BLE COURT UNDER THE PROVISIONS OF THE COMPANIES ACT,
1956 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The present petition is filed under Section 433 (E), 434 (I)(A) and 439 (I)(B) Companies Act, 1956, to wind up the Respondent-Company.
2. Notice in the present petition has been served on the respondent, who has entered appearance, filed the statement of objections and the matter is required to be heard for admission.
3. The Hon'ble Supreme Court in the case of Action Ispat and Power (P) Ltd., v. Shyam Metalics and Energy Ltd.,1 has held as follows: 1
(2021) 2 SCC 641 -3- NC: 2023:KHC:40772 COP No. 21 of 2014 "25. Given the aforesaid scheme of winding up under Chapter XX of the Companies Act, 2013, it is clear that several stages are contemplated, with the Tribunal retaining the power to control the proceedings in a winding-up petition even after it is admitted. Thus, in a winding-up proceeding where the petition has not been served in terms of Rule 26 of the Companies (Court) Rules, 1959 at a pre-admission stage, given the beneficial result of the application of the Code, such winding-up proceeding is compulsorily transferable to NCLT to be resolved under the Code. Even post issue of notice and pre-admission, the same result would ensue. However, post admission .........."
(emphasis supplied)
4. In view of the dicta laid down by the Hon'ble Supreme Court, as noticed above, the present petition is transferred to the National Company Law Tribunal to be adjudicated in terms of the provisions of the Insolvency and Bankruptcy Code, 2016.
Sd/-
JUDGE PNV/List No.: 1 Sl No.: 21/CT:SNN