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2025 DAILYLAW 32305 (KAR)

CANBANK FACTORS v. D F FORGINGS LIMITED

COP/134/2016 · 2025-01-31

Lalitha Kanneganti

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Judgment text

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- 1 - NC: 2025:KHC:4564 COP No. 134 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI COMPANY PETITION NO. 134 OF 2016 BETWEEN: CANBANK FACTORS, HAVING ITS REGD. OFFICE AT NO.67/1, I FLOOR, KANAKPURA MAIN ROAD, V.V. PURAM, BASAVANAGUDI, BANGALORE - 560 004 REPRESENTED BY ITS ASST. VICE PRESIDENT & PA HOLDER, MRS. T. RADHIKA …PETITIONER (BY SRI. RUKKOJI RAO H.S., ADVOCATE) AND: D.F. FORGINGS LIMITED, HAVING ITS REGD. OFFICE AT PLOT NO. 498, 4TH PHASE, 3RD STAGE, PEENYA INDUSTRIAL AREA, BANGALORE - 560 058 REPRESENTED BY ITS MANAGING DIRECTOR MR. KAMAL KISHORE. …RESPONDENT (BY SRI. SHREYAS JAYASIMHA, ADVOCATE) THIS COMPANY PETITION IS FILED U/S 439 (1) (B) AND 433 (E) R/W SECTION 434 (1) (1) OF THE COMPANIES ACT, 1956, PRAYING TO THE COMPANY D.F. FORGINGS LIMITED BE WOUND UP, BY AND UNDER THE ORDERS AND DIRECTIONS OF THIS HON'BLE COURT AND OFFICIAL LIQUIDATOR ATTACHED TO THIS HON'BLE COURT, OR SOME OTHER FIT AND PROPER PERSON, BE APPOINTED THE LIQUIDATOR OF THE RESPONDENT COMPANY, ITS AFFAIRS, ASSETS, PROPERTIES, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4564 COP No. 134 of 2016 BOOKS OF ACCOUNT, PAPERS, VOUCHERS, FILES, ETC., WITH ALL POWERS, UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, AND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS ADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The petition is filed by the petitioner-bank seeking for winding up of the respondent-Company under Section 439(1)(b) & 433(e) read with Section 434(1)(a) of the Companies Act, 1956. 2. A joint settlement memo is filed before this Court. It is stated that both the parties have amicably settled all the issues and the petitioner - bank has accepted the One Time Settlement. As per the One Time Settlement, the respondent has to pay an amount of Rs.1,05,00,000/- (Rupees One Crore and Five Lakhs only) and as per the said terms of One Time Settlement, an amount of Rs.1,05,00,000/- is paid on 16.01.2024, 09.08.2024, 27.09.2024, 28.09.2024 and 06.11.2024 and accordingly, the parties have filed the joint settlement memo. Both the parties i.e., the representative of - 3 - NC: 2025:KHC:4564 COP No. 134 of 2016 the bank and the respondent along with their counsels are present before this Court. 3. In terms of the Joint Settlement Memo dated 29.11.2024, the petition is disposed of. The joint memo shall be annexed as part of the order. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 1 CT:SNN