TMI Blog2000 (2) TMI 865X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 483 of the Companies Act, 1956, the appellant-original opponent has challenged the winding up order recorded in Company Petition No. 87/95, dated, 25.6.99, whereby, the appellant Company, Divya Prints Pvt. Ltd. was ordered to be wound up and the Official Liquidator was appointed to be in charge of the Company. 3. Learned advocate Mr Pahwa appearing for the respondent, original petitioning Company, submitted that the appellant has, already, paid the dues of the petitioning company. He, therefore, sought permission to withdraw the Company Petition No. 87/95, wherein, the impugned order of winding up of the appellant Company has been recorded on 25.6.99. Learned advocate Mr Bhatt, appearing for the appellant Company has no objection. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been articulated and highlighted with a view to appreciate the merits of the request for permission to withdraw the original Company Petition for winding up, upon settlement. 6. Rule 6 of the Companies (Court) Rules, 1959, clearly, provides that, for the practice and procedure of the Company Court, the provisions of Code shall apply. Rule 100 provides for application for leave to withdraw the petition. A petition for winding up cannot be withdrawn after the presentation of it without the leave of the Court. An application for leave to withdraw a petition for winding up, which has been advertised in accordance with the provisions of Rule 99 cannot be heard any time before the date fixed in the advertisement for the hearing of the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut the public interest. If the public interest is in conflict with the interest of the parties, leave could be refused. 10. It would be appropriate, at this stage, to peep into the provisions of Order 23 Rule 1 which provides that at any time after the institution of a suit, the plaintiff may, as against all or any of the defendants, abandon his suit or abandon part of his claim and where the Court is satisfied that there are sufficient grounds for allowing the plaintiff to abandon any suit or part of the claim or withdraw from suit or part of the claim without permission referred to in sub-rule (3) of Rule 1 of Order 23. Though, directly, the provisions of Order 23 rule 3 may not be attracted, but the underlying purpose and design has t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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