High CourtsDIVISION BENCH(2017) 03 KAR CK 0140

Softcell Technologies Limited vs Leeboy India Construction Equipment Private Limited

Karnataka High Court · Decided on 6 March 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, Budihal R.B.
RESULT
Dismissed
CASE NUMBER
1 of 2017

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Judgment

7 paragraphs · 205 words
1.

This original side appeal is preferred challenging the legality and correctness of the order dated January 12, 2017, passed by the Hon''ble Single Judge in Company Petition No.196 of 2015 along with Company Application No.120 of 2016.

2.

Heard the arguments of Mr.Pradeeh Nayak, the learned advocate appearing for the appellant and Mr.Dhyan Chinnappa, learned senior advocate appearing for the respondent.

3.

We have perused the grounds urged in the memorandum of appeal so, also, the order passed by the Hon''ble Single Judge.

4.

It is clearly held by the Hon''ble Single Judge that the disputes about the complete execution and implementation of the contract, cannot be gone into in the winding-up jurisdiction of the Court and it cannot be said that the liability of the respondent company in this case was admitted or undisputed and in such cases, the only appropriate civil remedy was by way of filing a civil suit for recovery of money or any other appropriate remedy like arbitration, etc.

5.

We do not find any illegality in the order passed by the Hon''ble Single Judge.

6.

There is no ground to interfere in this appeal. Accordingly, the appeal is hereby dismissed.

7.

We make no order as to costs.