Balajee Infratech And Construction Pvt. Ltd., v. Madhucon Project Limited,
In the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh Company Petition No.241 of 2015 Between:
Balajee Infratech & Construction Pvt. Ltd., Mumbai, rep. by its Manaager Procurement Mr.K.Muraleedharan Nair.
... Petitioner and Madhucon Projects Ltd., Khammam
...Respondent
Date of Judgment Pronounced: 18-08-2015 Submitted for Approval:
The Hon'ble Sri Justice C.V.Nagarjuna Reddy
1. Whether Reporters of Local newspapers Yes/No may be allowed to see the judgments ?
2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals
3. Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment ?
The Hon'ble Sri Justice C.V.Nagarjuna Reddy Company Petition No.241 of 2015 Dated 18.08.2015
Between:
Balajee Infratech & Construction Pvt. Ltd., Mumbai, rep. by its Manaager Procurement Mr.K.Muraleedharan Nair.
... Petitioner and Madhucon Projects Ltd., Khammam
...Respondent
Counsel for the Petitioner: Mr.I.Koti Reddy Counsel for the respondent: None appeared The Court made the following:
Order:
This Company Petition is filed for an order to wind up the respondent- Company for non-payment of the alleged debt due to the petitioner.
The petitioner has earlier filed Company Petition No.28 of 2013 for the same relief and this Court, by Order, dated 03.10.2013, has dismissed the same by recording a finding that the matter has been settled between the parties outside the Court. The present Company Petition is filed on the allegation that the respondent has committed breach of the terms of the settlement. A perusal of
Order, dated 03-10-2013 in CP.No.28 of 2013, shows that this Court has not left the petitioner with the liberty to file a fresh Company Petition in the event of failure of the respondent to comply with the terms of settlement. In my opinion, unless such a leave is granted by the Court in the earlier Company Petition, the petitioner cannot be permitted to file successive Company Petitions in respect of the same debt.
In this view of the matter, this Company Petition is dismissed, however, with liberty to the petitioner to claim appropriate relief in CP.No.28 of 2013.
As a sequel to dismissal of the Company Petition, Company Application No.1254 of 2014 is disposed of as infructuous.
______________________ (C.V.Nagarjuna Reddy, J) Dt: 18th August, 2015 LUR