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COMP/218/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
PETITION No. 218 of 2010
=========================================
HDFC
BANK LTD
Versus
SHREE
JAGDAMBA TEXTURISERS PVT LTD
=========================================
Appearance
:
MR PM DAVE for Petitioner
MR
ASIT B JOSHI for Petitioner
NOTICE SERVED BY DS for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 18/07/2011
ORAL
ORDER
[1] The
petitioner is a Bank and has filed the present petition seeking
winding up the respondent – company on the ground that despite
demand, by issuing statutory notice, for payment of the dues from the
respondent – company, have not been paid by it.
[2] It
is submitted that unsecured loan was granted in favour of the
respondent – company by the petitioner – Bank. The
respondent has committed defaults in repayment of the loan and the
dues have reached to the tune of about Rs.11 Lakhs which are not
being paid by the respondent despite repeated request. It is further
claimed that the statutory notice was issued and the same has been
duly served on the respondent. Learned advocate for the petitioner
has relied on the acknowledgment establishing the service of notice.
It is further claimed that despite of statutory notice, the
respondent has not given any response and has not raised any dispute
with regard to its obligation. He has further submitted that the
respondent – company has not only failed to respond to the
statutory notice but has also not responded to the notice issued in
the present petition and despite the service, it has not cared to
even enter appearance. Learned advocate for the petitioner has
submitted that the petitioner was permitted Direct Service of
process, which has been served and affidavit of service has been
filed. Nonetheless, the respondent has not responded, it has not
entered appearance and until now the claim of the petitioner –
Bank has remained undisputed and uncontested and at the same time, it
has not been paid also.
[3] Having
regard to the aforesaid aspects, it has become necessary to admit the
petition. Hence, the following order is passed:-
ADMIT.
However,
the affidavit of admission of petition is differed with a view to
giving last opportunity to the respondent. For the aforesaid purpose,
the petitioner is permitted to effect the service of process of
admission of petition to the respondent. The Registry shall issue
process of intimating the admission of the petition to the respondent
which shall be served through the office as well as directly by the
petitioner. The petitioner shall effect the service directly as well
as by registered post A.D and file affidavit of service along with
supporting documents. On the next day, the issue about issuance of
advertisement as well as appointment of Provisional / Official
Liquidator shall be considered. In the meanwhile, the respondent –
company and its agents are restrained from alienating and / or
creating any charge over its assets.
[
K. M. THAKER, J. ]
vijay
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