CAPTAIN GAUTAM MALHOTRA v. KINGFISHER AIRLINES LIMITED

CAPTAIN GAUTAM MALHOTRA & ANOTHER Vs. KINGFISHER AIRLINES LTD., THIS COMPANY PETITION IS FILED UNDER SECTION 433[E] & [F] OF THE COMPANIES ACT, 1956, PRAYING THAT M/S KINGFISHER AIRLINES LIMITED BE WOUND UP BY AND UNDER THE ORDERS AND DIRECTIONS OF THIS HON'BLE COURT UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 AND ETC. THIS COMPANY PETITION IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING : ORDER SRI ASHWIN PRABHU S. D., ADV. FOR PETITIONERS MR. RAJESH D. M., ADV. M/S. RAJESH & RAJESH, FOR RESPONDENT (Memo for retirement is filed today) The winding up petition has been filed by the Creditors against the respondent-Company, M/s.Kingfisher Airlines Ltd., This petition is at the stage of admission. Though the Statement of Objections was filed by the respondent- Company, but, Mr.Rajesh S.V., the learned counsel for respondent-Company submitted before the Court that he has filed a memo for retirement from this case, and he has no further instructions to argue the case on behalf of the respondent-Company. DATE OF ORDER: 25/11/2016 IN COP NO.121/13 CAPTAIN GAUTAM MALHOTRA & ANOTHER Vs. KINGFISHER AIRLINES LTD.,

2. This Court in a similar winding up petition filed by one of the Creditors, M/s.AEROTORN Ltd., has already passed a detailed winding up order against the same respondent-Company, M/s.Kingfisher Airlines Ltd., on 18.11.2016, in Company Petition No.214/2012, and therefore, no such fresh winding up orders again deserves to be passed nor a different view deserves to be taken in this winding up petition filed by the other Creditors against the same company, discussing the facts and reasons in detail. The winding up Petition is, therefore, also disposed of summarily and for the reasons already given in the aforesaid order passed by this Court on 18.11.2016, in Company Petition No.214/2012 (M/s. AEROTORN Ltd., Vs. Kingfisher Airlines Ltd.,) ordering winding up of the respondent- Company. The petitioning Creditors are also at liberty to prove their respective claims/debts before the Official Liquidator, who has been appointed to take charge of the assets of the respondent-Company by the aforesaid order dated 18.11.2016, in Company Petition No.214/2012, and DATE OF ORDER: 25/11/2016 IN COP NO.121/13 CAPTAIN GAUTAM MALHOTRA & ANOTHER Vs. KINGFISHER AIRLINES LTD., the Official Liquidator has been directed to proceed further in accordance with the provisions of the Companies Act, 1956, and the Companies (Court) Rules, 1956. Copy of this order be sent to the parties concerned and also the OL and ROC. Separate publication of this order under section 114 of Rules of 1956 is dispensed with. Sd/- JUDGE *bk/