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High Court of Punjab and HaryanaCP/83/2001dismissed

M/S Jalandhar Soft Drinks v. Mohan Bottling Co.Pvt.Ltd.

2025-01-10Mr. Justice Mahabir Singh Sindhu2 pages

CP-83-2001 (O&M) LIQ-1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Company Petition No.83 of 2001 (O&M) Date of decision : 10.01.2025 M/s Jalandhar Soft Drinks

...Petitioner(s)

Versus

Mohan Bottling Co. Pvt. Ltd.

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. Ajaivir Singh, Advocate, for the petitioner.

MAHABIR SINGH SINDHU, J.

CA-36-2024 Application for recalling of order dated 23.02.2023, whereby, main petition was dismissed for non-prosecution, to enable the applicant petition to withdraw instant company petition with liberty as afforded to similarly situated persons vide order dated 02.02.2024 (A-3).

For the reasons mentioned in the application, same is allowed as prayed for, subject to all just exceptions. As a result thereof, main petition is restored to its original number and stage.

CA-38-2024 Application for withdrawal of the main petition with liberty as afforded to similarly situated persons vide order dated 02.02.2024 (A-2).

ATUL SETHI 2025.01.13 18:42 I attest to the accuracy and integrity of this document -1-

CP-83-2001 (O&M) Despite service, no one has come forward on behalf of the respondent and as such, it appears that respondent is not interested in pursuing the matter.

In view of above and for the reasons mentioned in the application, same is allowed as prayed for, subject to all just exceptions.

On request of learned counsel for the applicant/petitioner, main petition is taken on Board, today itself. Main case Present petition has been filed under Sections 433, 434 & 435 of the Companies Act, 1956, for winding up of the respondentCompany. 2.

In view of the order passed in CA-38-2024, present petition is dismissed as withdrawn with liberty to pursue the alternative remedy, as per law.

Pending application(s), if any, shall stand disposed off. 10.01.2025 (MAHABIR SINGH SINDHU) atulsethi JUDGE Whether speaking/ reasoned :

Yes / No Whether reportable :

Yes / No ATUL SETHI 2025.01.13 18:42 I attest to the accuracy and integrity of this document -2-