Karnataka High Court
Mobile Traffik Private Limited vs Onmobile Global Limited on 4 April, 2014
Author: Anand Byrareddy
Bench: Anand Byrareddy
-1-
.IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 4TH DAY OF APRIL 2014
BEFORE
THE HON'BLE MR.JUSTICE ANAND BYRAREDDY
COMPANY PETITION NO. 60 OF 2013
AND
COMPANY APPLICATION NO. 675 OF 2014
IN COP 60 OF 2013
Between:
Mobile Traffik Private Limited
A Company incorporated under the provisions
Of the Companies Act, 1956,
Having its registered office at 486
8th Cross, 10th Main, HAL 3rd Stage
Jeevanbhima Nagar
Bangalore - 560075
...Petitioner in COP 60/13
Respondent in CA 675/14
(By Smt. Bhanu Ravinder, Advocate)
And:
OnMobile Global Limited
A Company incorporated under the provisions
Of the Companies Act, 1956 and having its
Registered office at E-City Tower-1, No.94/1C and 94/2
-2-
Veerasandra Village, Attibele Hobli
Anekal Taluk, Electronic City Phase - 1
Bangalore - 560100
...Respondent in COP 60/13
Applicant in CA 675/14
(By Shri M. Dhyan Chinnappa, Advocate)
This Company Petition is filed under Section 433(e) and
(f) and Section 433 and 434 of the Companies Act, 1956,
praying that the respondent-company be wound up by and
under the orders and directions of this court under the
provisions of the Companies Act, 1956, and the Official
Liquidator attached to this court be appointed liquidator of the
company with all its assets, business affairs, property, bank
accounts, books of accounts, vouchers, files, documents, etc.,
with all powers under the provisions of the Companies Act,
1956; and etc.
This Company Application is filed under Rules 6 and 9
of the Companies (Court) Rules, 1959, to recall the order dated
28/3/2014, admitting the petition.
This Company Petition and Company Application
coming on for orders this day, the court made the following:
ORDER
Heard the learned counsel for the petitioner and the learned counsel for the respondent. The respondent hands over a cheque of Rs. 27,81,341/-, which the petitioner receives -3- without prejudice on the ground that the petitioner is entitled to the interest on the amount due and the present amount paid is after deduction of TDS. Therefore the application filed seeking to recall the earlier order is allowed. The petition is disposed of with liberty to the petitioner to recover any further amount due from the respondent. Incidentally the respondent also has a claim against the petitioner and indicates that the payment now made is without prejudice to right of such recovery. The petition stands disposed of, subject to realization of the cheque now handed over to the petitioner.
Sd/-
JUDGE Rd/-