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COMP/38/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
PETITION No.38 of 2008
===================================================
JADE
ALLIANCE STEEL LIMITED (PREVIOUSLY KNOWN AS JADE ALLIANCE
INTERNATIONAL LIMITED - Petitioner(s)
Versus
SHAH
ALLOYS LIMITED - Respondent(s)
===================================================
Appearance
:
MR SATYAJIT SEN for Petitioner(s) :
1,
MR GAURAV S MATHUR for Respondent(s) :
1,
===================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
Date
: 20/01/2010
ORAL
ORDER
The
matter has been called out thrice. Learned advocate for the
petitioner is absent at all the three calls. It is necessary to note
that before the court commenced hearing learned advocate for the
petitioner mentioned the matter to submit that as the
petitioner-Company has been taken into liquidation as per affidavit
filed by the respondent, learned advocate for the petitioner may be
permitted to retire. It was further stated that learned advocate for
the petitioner has no instructions in the matter.
The
petition has been preferred in relation to the claim for a sum of US
$ 0.2 Million w.e.f. 01.10.2007 from the respondent-Company. This
point becomes important in light of the additional affidavit dated
19.01.2010 filed by respondent annexing therewith communication
dated 19.01.2009 making claim for a sum of HK$ 23,673 only as due
from the respondent.
In
the circumstances, it is apparent that the petition is required to
be rejected on the simple ground of non-prosecution, as recorded
hereinbefore. Accordingly, the petition is rejected for want of
prosecution. NOTICE discharged.
Sd/-
[D. A.
MEHTA, J]
***
Bhavesh*
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