https://www.taxtmi.com/caselaws?id=187951 The High Court of Kerala upheld the maintainability of a company petition under sections 397 and 398 of the Companies Act, 1956, remanding the matter to determine if the petitioner is estopped from filing the petition due to a previous withdrawal without reserving the right to file afresh. The court considered the application of Order 23 Rule 1 of the CPC, concluding that the petitioner was not estopped from filing the current petition, as the previous withdrawal was on technical grounds without adjudication on merits and the respondent did not object based on Order 23 Rule 1 in the subsequent petition. en-us Tue, 09 Jan 2007 00:00:00 +0530 Sat, 12 Nov 2016 12:23:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=187951 The High Court of Kerala upheld the maintainability of a company petition under sections 397 and 398 of the Companies Act, 1956, remanding the matter to determine if the petitioner is estopped from filing the petition due to a previous withdrawal without reserving the right to file afresh. The court considered the application of Order 23 Rule 1 of the CPC, concluding that the petitioner was not estopped from filing the current petition, as the previous withdrawal was on technical grounds without adjudication on merits and the respondent did not object based on Order 23 Rule 1 in the subsequent petition. Case-Laws Companies Law Tue, 09 Jan 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=187951