Gujarat High Court
Ppg Asian Paints Pvt.Ltd vs Eagle Motors Private Limited on 17 February, 2016
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
O/OJCA/85/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (OJ) NO. 85 of 2016
In COMPANY PETITION NO. 413 of 2015
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PPG ASIAN PAINTS PVT.LTD.....Applicant(s)
Versus
EAGLE MOTORS PRIVATE LIMITED....Respondent(s)
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Appearance:
MR. JAIMIN R DAVE, ADVOCATE for the Applicant(s) No. 1
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
KUMARI
Date : 17/02/2016
ORAL ORDER
1. This application has been preferred by the applicant (original petitioner) with a prayer that it may be permitted to publish the notice of the petition in the English daily newspaper "Times of India" and the Gujarati daily newspaper "Phulchab", both Rajkot editions.
2. Heard Mr.Jaimin R. Dave, learned advocate for the applicant and perused the averments made in the application.
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O/OJCA/85/2016 ORDER
3. It is submitted by the learned advocate for the applicant that this Court issued Notice in Company Petition No.413 of 2015, preferred by the applicant for windingup of the respondent Company, on 02.12.2015. Notice was attempted to be served upon the respondent Company at the last known address as available with the Registrar of Companies. However, the notice was returned unserved with the acknowledgment "showroom closed". The applicant has filed an affidavit to this effect before this Court. Thereafter, the applicant has made several attempts to ascertain the correct address of the respondent Company but all the efforts have not yielded results. It is further submitted that the applicant has reason to believe that the respondent Company is deliberately evading service. Under the circumstances, the present application has been moved for substituted service by way of publication in the newspaper under Rule 6 of the Company Court Rules, 1959 read with Order 5 Rule 20 of the Code of Civil Procedure, 1908.
4. In view of the submissions advanced by the Page 2 of 3 HC-NIC Page 2 of 3 Created On Fri Feb 19 03:12:39 IST 2016 O/OJCA/85/2016 ORDER learned advocate for the applicant and the averments made in the application and as it does not appear possible to serve the respondent Company through the normal mode in spite of due diligence, the applicant is permitted to publish the notice of the petition in the English daily newspaper "Times of India" and the Gujarati daily newspaper "Phulchab", both Rajkot editions, within a period of one week from today.
5. The application is allowed, in the above terms.
(SMT. ABHILASHA KUMARI, J.) piyush Page 3 of 3 HC-NIC Page 3 of 3 Created On Fri Feb 19 03:12:39 IST 2016