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OJA/140/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
O.J.APPEAL
No. 140 of 2008
In
COMPANY
APPLICATION No. 583 of 2007
In
COMPANY PETITION No. 222
of 1999
=========================================================
MAFATLAL
AMBALAL PANCHAL - Appellant(s)
Versus
O.L.
OF GUJARAT STEEL TUBES LTD. - Opponent(s)
=========================================================
Appearance
:
MR
LN MEDIPALLY for Appellant
None for
Opponent
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE H.B.ANTANI 4th February, 2009
ORAL
ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
Learned
advocate Mr. Medipally has filed sick note.
This Appeal
is pending admission hearing since the month of January, 2008. By
order dated 25th September, 2008 [Coram : D.A
Mehta & Bankim N. Mehta, JJ.], the Court recorded
continuous absence of the learned advocate Mr. Medipally – on the
basis of either a leave note or a sick note. The registry was,
therefore, directed to issue notice to the appellant with the copy of
that order so as to enable the appellant to make alternate
arrangement.
We are
informed that the appellant has been served. Nevertheless, the
appellant has not entered appearance. We, therefore, proceed in
absence of the appellant.
This
Appeal arises from the order dated 28th December, 2007
made by the learned Company Judge in Company Application No. 586 of
2007. In the said Application No. 586 of 2007, the appellant-workman
had sought permission to implead the Official Liquidator in Misc.
Application No. 228 of 2004 in Reference [LCA] No.883 of 1994 pending
before the Labour Court, Ahmedabad. It appears that the appellant had
raised industrial dispute in respect of termination of his service on
1st December, 1993. Reference [LCA] No. 883 of 1994 made
to the Labour Court, Ahmedabad in respect of the said dispute came to
be dismissed for default on 9th September, 2004. Pending
the said Reference, on 27th December, 2001, the company
was ordered to be wound up. Therefore, the application to implead the
Official Liquidator.
The
Application made in the year 2007 has been rejected by the learned
Company Judge on the ground of gross delay on the part of the
appellant.
We see no
merit in the challenge to the above referred Order dated 28th
December, 2007. The Appeal is dismissed in limine.
{H.B Antani, J.}
{Miss
R.M Doshit, J.}
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