M/S Dev Shree Cements Ltd Vs. None

M/S Dev Shree Cements Ltd vs None

Type Court Judgment Court Rajasthan Jodhpur Decided Dec 19, 2013

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https://sooperkanoon.com/case/1102279

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Citation: sooperkanoon.com/1102279
Court: Rajasthan Jodhpur High Court
Decided On: Dec 19, 2013
Subject: Banking

Case Summary

AI-generated summary - not the official court judgment text.

Banking

Key legal issue: Banking

Parties & Advocates

Appellant / Petitioner

M/S Dev Shree Cements Ltd

Respondent

None

Excerpt

s.b.company petition no.3/2007. m/s dev shree cements ltd.versus none 1 1 s.b.company petition no.3/2007. m/s dev shree cements ltd.versus none date of order :: 19th december 2013. hon’ble mr.justice dinesh maheshwari mr.n.m.lodha, senior advocate with mr.v.d.dadhich ].mr.anil bhandari ]., for the petitioner. mr.j.k.chanda, for the state bank of india. mr.surendra choudhary for mr.sanjeet purohit, for riico.mr.pankaj purohit, deputy manager (law).rfc. mr.falgun buch for mr.v.k.mathur, for commercial taxes department. by the court: the learned counsel mr.j.k.chanda appears for the state bank of india; the learned counsel mr.surendra choudhary on behalf of mr.sanjeet purohit appears for the riico.and mr.pankaj purohit, deputy manager (law) is present for the rajasthan financial corporation. the learned counsel for sbi and riico as also the deputy manager (law) on behalf of rfc candidly admit that their dues have been cleared off by the company dev shree cements limited. the learned counsel mr.falgun buch appearing on behalf of mr.v.k.mathur submits that there exists a claim of the commercial taxes department; and the assessee company had taken up the matter in appeal. s.b.company petition no.3/2007. m/s dev shree cements ltd.versus none 2 having regard to the submissions so made and in the given status, so far the present proceedings instituted on the order of the bifr dated 06.04.1998 are concerned, there appears no reason to continue with the same nor there appears any reason to take up the proposition of winding-up of this company on the ground of inability to pay the debts. the proceedings herein are, therefore, are required to be terminated. as regards any other dues or any other claim of any other party/department is concerned, of course, all the concerned are free to take recours.to the appropriate remedies in accordance with law. subject to the observations foregoing, the proceedings in the company petition are terminated; and this company petition stands.....

Full Judgment

S.B.COMPANY PETITION No.3/2007.

M/s Dev Shree Cements LTD.versus None 1 1 S.B.COMPANY PETITION No.3/2007.

M/s Dev Shree Cements LTD.versus None Date of Order :: 19th December 2013.

HON’BLE Mr.JUSTICE DINESH MAHESHWARI Mr.N.M.Lodha, Senior Advocate with Mr.V.D.Dadhich ].Mr.Anil Bhandari ]., for the petitioner.

Mr.J.K.Chanda, for the State Bank of India.

Mr.Surendra Choudhary for Mr.Sanjeet Purohit, for RIICo.Mr.Pankaj Purohit, Deputy Manager (Law).RFC.

Mr.Falgun Buch for Mr.V.K.Mathur, for Commercial Taxes Department.

<<>> BY THE COURT: The learned counsel Mr.J.K.Chanda appears for the State Bank of India; the learned counsel Mr.Surendra Choudhary on behalf of Mr.Sanjeet Purohit appears for the RIICo.and Mr.Pankaj Purohit, Deputy Manager (Law) is present for the Rajasthan Financial Corporation.

The learned counsel for SBI and RIICO as also the Deputy Manager (Law) on behalf of RFC candidly admit that their dues have been cleared off by the Company Dev Shree Cements Limited.

The learned counsel Mr.Falgun Buch appearing on behalf of Mr.V.K.Mathur submits that there exists a claim of the Commercial Taxes Department; and the assessee Company had taken up the matter in appeal.

S.B.COMPANY PETITION No.3/2007.

M/s Dev Shree Cements LTD.versus None 2 Having regard to the submissions so made and in the given status, so far the present proceedings instituted on the order of the BIFR dated 06.04.1998 are concerned, there appears no reason to continue with the same nor there appears any reason to take up the proposition of winding-up of this Company on the ground of inability to pay the debts.

The proceedings herein are, therefore, are required to be terminated.

As regards any other dues or any other claim of any other party/department is concerned, of course, all the concerned are free to take recouRs.to the appropriate remedies in accordance with law.

Subject to the observations foregoing, the proceedings in the company petition are terminated; and this company petition stands disposed of accordingly.

(DINESH MAHESHWARI).J.

//Mohan//

Same Court & Year Rajasthan Jodhpur · 2013 Same Parties M/S Dev Shree Cements Ltd vs None Same Subject Banking