Lkp Finance Limited v. Wisdom Global Enterprises Limited (Cin U51909mh2002plc137824)
1/2 9.CP-414-2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.414 OF 2014 LKP Finance Limited ....Petitioner Vs.
Wisdom Global Enterprises Ltd.
....Respondent WITH COMPANY PETITION NO.927 OF 2014 Credit Suisse Finance (India) Pvt. Ltd.
....Petitioner Vs.
Wisdom Global Enterprises Ltd.
....Respondent ---- Mr. Sumit Raghani i/b. PDS and Associates for petitioner in CP/414/2014. Mr. Vishnu Shriram i/b. Phoenix Legal for petitioner in CP/927/2014. Mr. Abbas Mandriwala i/b. Raval-Shah and Co. for respondent in both petitions.
---- CORAM : K.R.SHRIRAM, J.
DATE : 27th NOVEMBER, 2017 P.C.:
COMPANY PETITION NO.414 OF 2014 The counsel for petitioner states that respondent company herein is the guarantor and the principal borrower - Core Education and Technologies Limited has been wound up by an order dated 30th October, 2017.
The counsel for respondent company in the petition listed today, viz., Wisdom Global Enterprises Limited, states that there is nothing to oppose in this petition because the principal borrower itself has been wound up.
In the circumstances, the company - Wisdom Global Enterprises Limited has to be ordered to be wound up. Petitioner has filed Gauri Gaekwad
2/2 9.CP-414-2014.doc an affidavit of one Manish Pawar affirmed on 9th June, 2015 proving advertisement of petition in Free Press Journal and Navshakti and Maharashtra Government Gazette. Notice under Rule 28 of the Companies (Court) Rules, 1959 has already been waived by company. Therefore, the petition is allowed and accordingly disposed in terms of prayer clauses - (a) and (b) which read as under : (a) the Respondent Company, Wisdom Global Enterprises Limited, be wound up by and under the directions of this Hon'ble Court under the provisions of the Companies Act, 1956;
(b) the Official Liquidator, High Court, Bombay or some other fit or proper person be appointed as the Liquidator of all the assets, properties, books and income of the Respondent Company, viz., Wisdom Global Enterprises Limited, with all powers under the provisions of the Companies Act, 1956.
Official Liquidator shall forthwith act on the authenticated copy of this order without awaiting for any notification. Petition accordingly stands disposed.
COMPANY PETITION NO.927 OF 2014 In view of the order passed in company petition no.414 of 2014, this petition also stands disposed with liberty to petitioner to lodge its claim with the Official Liquidator.
(K.R. SHRIRAM, J.) Gauri Gaekwad