Koza Altin İşletmeleri AŞ v Koza Ltd & Anor

Koza Altin İşletmeleri AŞ v Koza Ltd & Anor

The application for summary judgment on the winding-up petition is dismissed because, following Mr Ipek’s undertaking not to challenge the authority of Koza Altin’s directors, there is at least a realistic prospect that Koza Altin can resolve the deadlock by lawful shareholder resolutions under Article 4, and thus the conditions for just and equitable winding-up are not currently met. Koza Ltd’s Points of Defence are struck out for disclosing no reasonable grounds for defending the petition.

Parties
Petitioner: Koza Altin İşletmeleri A.Ş.; Respondent: Koza Ltd; Respondent: Hamdi Akin Ipek
Jurisdiction
England and Wales
Judgment Date
09 October 2025
Procedural Posture
Winding Up Petition / Summary Judgment Application and Strike Out Application
Outcome
Summary judgment application dismissed; Koza Ltd’s Points of Defence struck out; Mr Ipek’s Points of Defence not struck out.
Legal Topics
Just and Equitable Winding Up, Shareholder Rights, Director Duties, Summary Judgment, Strike Out, Abuse of Process, Unclean Hands
Company Law Insolvency Law Equity Just and Equitable Winding Up Shareholder Rights Director Duties Summary Judgment Strike Out +2 more

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Parties

Koza Altin İşletmeleri A.Ş.

Petitioner

Koza Ltd

Respondent

Hamdi Akin Ipek

Respondent

Procedural Posture

Winding Up Petition / Summary Judgment Application and Strike Out Application

Legal Issues

  1. 1 Whether the circumstances justify winding up Koza Ltd on just and equitable grounds
  2. 2 Whether summary judgment is appropriate for the winding-up petition
  3. 3 Whether Koza Altin has alternative remedies and acted unreasonably in refusing them

Ratio Decidendi

The application for summary judgment on the winding-up petition is dismissed because, following Mr Ipek’s undertaking not to challenge the authority of Koza Altin’s directors, there is at least a realistic prospect that Koza Altin can resolve the deadlock by lawful shareholder resolutions under Article 4, and thus the conditions for just and equitable winding-up are not currently met. Koza Ltd’s Points of Defence are struck out for disclosing no reasonable grounds for defending the petition.

Court Disposition

Summary judgment application dismissed; Koza Ltd’s Points of Defence struck out; Mr Ipek’s Points of Defence not struck out.

Orders

  • Application for summary judgment on winding-up petition dismissed.
  • Koza Ltd’s Points of Defence struck out in entirety under CPR r.3.4(2)(a).