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SCA/5205/1989 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No.5205 of 1989
=========================================================
TELEVISION
& COMPONENTS PVT LTD - Petitioner(s)
Versus
UNION
OF INDIA & 1 - Respondent(s)
=========================================================
Appearance
:
MR
SI NANAVATI for
Petitioner(s) : 1 - 2.
MR RJ OZA for Respondent(s) : 1 - 4.
MS
PJ DAVAWALA for Respondent(s) : 2 -
3.
=====================================================
CORAM
:
HONOURABLE
MS.JUSTICE HARSHA DEVANI
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 04/02/2011
ORAL
ORDER
(Per
: HONOURABLE MS.JUSTICE HARSHA DEVANI)
(1) M/s.Nanavati
& Nanavati, Advocates, have filed a note stating that the
petitioner-company has been taken into liquidation by order of
winding up dated 30.04.2001 passed by this Court in Company Petition
No.40 of 2001 and, as such, they are unable to appear in this matter
and have requested that their name, as advocates, may be deleted. It
is also stated in the said letter that the office of the Official
Liquidator have been informed to take necessary steps in this regard.
(2) In
the light of the aforesaid note, the court had inquired from the
Official Liquidator as to whether he desires to be substituted in
place of the petitioner-company and prosecute the proceedings
further, pursuant to which Ms.Ami Yajnik, learned Standing Counsel
appearing for the Official Liquidator, has submitted that in the
light of the order dated 07.09.1989 passed by this Court, whereby the
respondents had been granted liberty to proceed with the adjudication
in respect of the goods in question in accordance with law, the
official liquidator is not interested in pursuing the present
petition any further as against the order made by the adjudicating
authority, the petitioner has a statutory remedy by way of appeal.
(3) In
the light of the stand adopted by the Official Liquidator, the
petition is dismissed for non-prosecution, leaving it open to the
petitioner to avail the statutory remedy available under the Act, in
case it so desires. RULE is discharged. Interim relief granted
earlier stands vacated.
[HARSHA
DEVANI, J]
[
H.B.ANTANI, J ]
***
Bhavesh*
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