Rajasthan High Court - Jodhpur
Bharathi Rubber Lining & Allied vs Alcobex Metals Ltd.& Anr on 7 May, 2013
Author: Dinesh Maheshwari
Bench: Dinesh Maheshwari
22 & 23
S.B. Company Petition No.3/2011
Seema Internet Pvt. Ltd.
Vs.
Alcobex Metals Ltd., & Anr.
and
S.B.Company Petition No.4/2011
Bharathi Rubber Lining & Allied
Vs.
Alcobex Metals Ltd. & Anr.
DATE OF ORDER: 7th May 2013.
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Mr. A.K. Rajvanshy, for the petitioner/s. Mr. Manish Shishodia, for the respondent.
<><><> From the submissions made by the respondent in the reply to the petitions, which the petitioners are not in a position to controvert, it is borne out that in relation to the respondent-company, a reference under Section 15(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 ['the Act'] has been registered; and the respondent-company has been declared to be a sick company in terms of Section 3(1)(a) of the Act; and the steps are being taken for its revival with the help of an asset reconstruction company. Hence, in view of the provisions of Section 22 of the Act, the present petitions for winding up by the alleged creditors cannot be proceeded further.
The petitions are, therefore, ordered to be consigned to record, of course, without prejudice to the rights of the petitioners in otherwise taking recourse to the appropriate remedies in accordance with law.
(DINESH MAHESHWARI),J.
cpgoyal//-
S.B.Company Petition No.4/2011 Bharathi Rubber Lining & Allied Vs. Alcobex Metals Ltd. & Anr.
DATE OF ORDER: 7th May 2013.
HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. A.K. Rajvanshy, for the petitioner/s. Mr. Manish Shishodia, for the respondent.
<><> The petition is ordered to be consigned to record without prejudice to the rights of the petitioner in otherwise taking recourse to the appropriate remedies in accordance with law. [vide common order made in S.B. Company Petition No. 3/2011].
(DINESH MAHESHWARI),J.
cpgoyal//-