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COMP/67/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
PETITION No. 67 of 2011
=========================================================
ADITYA
CHEMICALS - Petitioner(s)
Versus
PREMIER
RESINS PVT LTD - Respondent(s)
=========================================================
Appearance
:
MR
GN SHAH for
Petitioner(s) : 1,MS MINOO A SHAH for Petitioner(s) : 1,
SERVED BY
RPAD - (N) for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 26/07/2011
ORAL
ORDER1. Heard
Ms. Shah, learned Advocate for the petitioner. On earlier occasion,
with a view to giving another opportunity to the respondent, the
petitioner was directed to serve the process to the respondent, since
on earlier occasion the postal authority had returned the cover
without any remarks thereon. She has also submitted that the
petitioner served the process on the Director of the respondent
company who accepted the same and affidavit of service has been filed
by the petitioner.
2. Despite the service
of process, the respondent has not entered appearance. She has
further submitted that even the statutory notice was not responded.
The claim of the petitioner company is for more than five lacs of
rupees and any explanation for not making the payment has not come
forth from the respondent. Under the circumstances, the Court is
inclined to admit the petition. However, with a view to affording
last chance to the respondent, petition is adjourned to 2nd
August 2011 with a clarification that if respondent does not enter
appearance and/or does not make the payment or offer explanation as
regards the non-payment, the Court may, after hearing the petitioner,
admit the petition and direct publication of advertisement. In the
meanwhile, considering the fact that despite service of notice,
appearance has not been entered and statutory notice has not been
responded by the respondent, it appears appropriate to restrain the
respondent from alienating any of the properties of the company or
creating any charge over the properties, until the next date of
hearing. Therefore, relief in terms of para 19(c) is granted which
will enure until the next date of hearing. S.O. to 2nd
August 2011.
(K.M.THAKER, J.)
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