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M/s. Sheela Rani Textiles Ltd, Madurai v/s Sri Anjaneya Cotton Mills Pvt. Ltd, Rep. By its Director, Having its registered office at "Jayalakshmi" Pune-Bangalore Road, Erode & Another


Company & Directors' Information:- SRI ANJANEYA COTTON MILLS LIMITED [Active] CIN = U17111KA1962PLC001479

Company & Directors' Information:- P A S COTTON MILLS PRIVATE LIMITED [Active] CIN = U17111TN2005PTC058104

Company & Directors' Information:- V R A COTTON MILLS PRIVATE LIMITED [Active] CIN = U15311PB1997PTC020061

Company & Directors' Information:- JAYALAKSHMI TEXTILES PRIVATE LIMITED [Active] CIN = U17111TN1995PTC032148

Company & Directors' Information:- C A V COTTON MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1987PTC002014

Company & Directors' Information:- V K S M COTTON MILLS LIMITED [Active] CIN = U17111TZ1998PLC008682

Company & Directors' Information:- SHEELA RANI TEXTILES LIMITED [Under Liquidation] CIN = U17111TN2000PLC050075

Company & Directors' Information:- SHEELA RANI TEXTILES LIMITED [Not available for efiling] CIN = U17111TZ2000PLC009299

Company & Directors' Information:- P K COTTON MILLS PRIVATE LIMITED [Active] CIN = U17111DL2004PTC130281

Company & Directors' Information:- K P G COTTON MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1993PTC004509

Company & Directors' Information:- D B V COTTON MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1982PTC001145

Company & Directors' Information:- ANJANEYA COTTON PRIVATE LIMITED [Active] CIN = U17299WB2005PTC105834

Company & Directors' Information:- G D TEXTILES (MADURAI) PRIVATE LIMITED [Active] CIN = U17111TN1996PTC037095

Company & Directors' Information:- S S COTTON MILLS PRIVATE LIMITED [Active] CIN = U17115PB1997PTC019918

Company & Directors' Information:- D M R TEXTILES MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1989PTC003008

Company & Directors' Information:- J R COTTON MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TN1996PTC034302

Company & Directors' Information:- MADURAI TEXTILES MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1986PTC001801

Company & Directors' Information:- BANGALORE TEXTILES PRIVATE LIMITED [Strike Off] CIN = U01729KA1984PTC006208

Company & Directors' Information:- D C H COTTON MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1997PTC008130

Company & Directors' Information:- SRI RANI MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1984PTC001426

Company & Directors' Information:- L D COTTON MILLS PRIVATE LIMITED [Strike Off] CIN = U17291MH2014PTC256832

Company & Directors' Information:- A D COTTON MILLS PVT LTD [Active] CIN = U99999MH1970PTC014837

Company & Directors' Information:- V I P TEXTILES MILLS PRIVATE LIMITED [Active] CIN = U17120MH1990PTC057181

Company & Directors' Information:- JAYALAKSHMI MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1942PTC000070

Company & Directors' Information:- V J TEXTILES MILLS PRIVATE LIMITED. [Strike Off] CIN = U17111MH1956PTC009729

Company & Directors' Information:- ANJANEYA PRIVATE LIMITED [Strike Off] CIN = U51220MH1973PTC017043

Company & Directors' Information:- BANGALORE TEXTILES PRIVATE LIMITED [Dissolved] CIN = U99999KA1951PTC000689

Company & Directors' Information:- V P K COTTON MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ2000PTC009530

Company & Directors' Information:- COTTON TEXTILES PRIVATE LIMITED [Dissolved] CIN = U99999TN1956PTC000396

    OSA.No.101 of 2013 & M.P.No.1 of 2013

    Decided On, 03 July 2013

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M. JAICHANDREN & THE HONOURABLE MR. JUSTICE M.M. SUNDRESH

    For the Appellant: AR.L. Sundaresan, Senior Counsel for AL. Ganthimathi, Advocate. For the Respondents: R1, K. Rajasekaran, R2, K. Moorthy, Advocates.



Judgment Text

M.M. Sundresh, J.

1. This appeal has been preferred by the appellant, being aggrieved against the order of the learned Single Judge in Company Application No.132 of 2008 dated 12.2.2013, by which, a clarification has been given to the effect that the earlier order passed in C.P.No.132 of 2008 dated 25.10.2010 should be supposed to be in force.

2. It is seen that the learned Single Judge passed an order earlier, by which, after admitting the petition for winding up, certain directions have been given in the said order dated 25.10.2010. As per the said order, advertisement and publication of the winding up petition was ordered to be published in the Official Gazette of Tamil Nadu and the local dailies.

3. The order of the learned Single Judge was taken on appeal before the Division Bench of this Court in OSA.No.357 of 2010. The Hon'ble Division Bench of this Court, after considering the entire materials, set aside the order of the learned Single Judge. The relevant portion of the order is extracted here under:

"36. For the foregoing reasons, the impugned order dated 25.10.2010 made in C.P.No.132 of 2008 ordering advertisement and publication of the winding up petition in the Official Gazette of Tamil Nadu and local dailies is set aside and the publication are recalled. We request the learned Single Judge to afford opportunity to the appellant to put forth their case and thereafter to consider the matter afresh uninfluenced by the order impugned order or by the observations made in this appeal. The appeal is ordered accordingly. However, there is no order as to costs. Consequently, the connected M.P.No.1 of 2010 is closed."

4. A challenge was made before the Hon'ble Apex Court against the order passed in OSA.No.357 of 2010 by the Division Bench of this Court. Subsequently, the Hon'ble Apex Court in Special Leave Petition No.27709 of 2011 dated 12.04.2013 was pleased to dismiss the same with a request to this Court to finally hear the winding up petition within three months.

5. In view of the above said development, nothing survives for us to decide. However, the order under challenge does not survive for consideration, as the earlier order passed by the Hon'ble Division Bench of this Court in OSA.No.357 of 2010 is automatically revived, in view of the dismissal order passed by the Hon'ble Apex Court.

6. Accordingly, we dispose of this appeal by

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requesting the learned Single Judge to comply with the direction of the Hon'ble Supreme Court, in the light of the earlier order passed in OSA.No.357 of 2010, which has become final between the parties. No costs. Consequently, connected miscellaneous petition is closed.
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