Gujarat High Court Case Information System
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COMP/216/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
PETITION No. 216 of 2010
=========================================
HDFC
BANK LTD - Petitioner(s)
Versus
HIMALAYA
RESINS AND PAINTS PVT LTD - Respondent(s)
=========================================
Appearance :
MR
PM DAVE for
Petitioner(s) : 1,MR ASIT B JOSHI for Petitioner(s) : 1,
NOTICE
SERVED BY DS for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 28/09/2011
ORAL
ORDER
1. After
hearing the learned Advocate for the petitioner and upon taking into
account the facts emerging from the record and other aspects which
have been recorded in the order dated 25.08.2011, the petition
seeking winding up of the opponent company is ordered to be admitted.
However, vide the said order dated 25.08.2011 the petitioner’s
request for publication of advertisement was deferred for a period of
four weeks on the consideration that the opponent company may, after
service of notice of admission, enter appearance and either contest
the petition or offer some measures for resolution of the claim.
However, until now the opponent has not entered appearance. Only with
a view to giving one more chance to the opponent company, the
petitioner is permitted to directly serve a copy of the notice
informing the opponent that the petition has been admitted.
The
office, for the aforesaid purpose, is directed to issue notice to the
opponent informing that the petition has been admitted vide order
dated 25.08.2011. A copy of the order may be annexed with the notice
for information of the opponent. It may also be mentioned in the
notice that if appearance is not filed and any response also is not
filed on or before the next date of hearing, then appropriate order
for publication of admission of petition will be passed and then the
petitioner would proceed to publish the advertisement. Such notice to
be issued forthwith. The petitioner shall effect service of the
notice directly and file affidavit of service. Notice of admission to
be made returnable on 12th October 2011.
(K.M.THAKER,
J.)
jani
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