M/S.Union Roadways Limited v. M/S.Emas Engineers &

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2016

CORAM

THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER C.P.No.165 of 2016 M/s.Union Roadways Limited represented by its Manager having office at Gee Gee Shroff Centre, 2nd Floor, No.113, Poonamallee High Road, Chennai - 600 084.

.. Petitioner Vs.

M/s.Emas Engineers & Contractors, Private Limited, Registered Office Flat -C, III Floor, Dev Regency, 6th Main Road, Gandhi Nagar, Adyar, Chennai - 600 020.

.. Respondent * * * Prayer :

Petition filed under Section 433(e) and 434 of Indian Companies Act, 1956, praying (a) to wound up M/s.EMAS Engineers and Contractors Private Limited, the respondent, by and under the orders and directions of this Court under the provisions of the the Companies Act, 1956 ; (b) to appoint the Official Liquidator, Madras High Court, as Liquidator of the respondent Company with all the powers under the provisions of the Companies Act, 196, to take charge of all its assets and affairs ; and (c) to direct the respondent to provide cost of the petition and to pay from amount of the assets of the respondent upon liquidation.

* * * For Petitioner : Mr.S.Dhassaiya

O R D E R

1. Learned counsel for the petitioner states that he has instruction to convey to the Court that the petition need not be pressed and therefore, the application may be dismissed as withdrawn with liberty to file a fresh suit for recovery of money.

1.1. Learned counsel for the petitioner has made an endorsement to that effect in the court record.

2. The prayer of the learned counsel for the petitioner is accepted. Accordingly, the company petition is dismissed as withdrawn with liberty, as prayed for, albeit, in accordance with law. No costs. 28.04.2016 gg Index : Yes/No Internet: Yes

RAJIV SHAKDHER,J.

gg C.P.No.165 of 2016 28.04.2016