Gujarat High Court
Tirupati Enterprise vs O L Of Jupiter Cements Ltd on 13 September, 2013
Author: K.M.Thaker
Bench: K.M.Thaker
TIRUPATI ENTERPRISE....Applicant(s)V/SO L OF JUPITER CEMENTS LTD (IN LIQUIDATION) O/OJMCA/154/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC. CIVIL APPLICATION NO. 154 of 2013 In COMPANY APPLICATION NO. 303 of 2012 In COMPANY APPLICATION NO. 65 of 2010 In COMPANY APPLICATION NO. 624 of 2008 In OFFICIAL LIQUDATOR REPORT NO. 46 of 2003 In COMPANY PETITION NO. 305 of 1999 ================================================================ TIRUPATI ENTERPRISE....Applicant(s) Versus O L OF JUPITER CEMENTS LTD (IN LIQUIDATION) & 1....Respondent(s) ================================================================ Appearance: MRS SANGEETA N PAHWA, ADVOCATE for the Applicant(s) No. 1 MR RC KAKKAD, ADVOCATE for the Respondent(s) No. 2 OFFICIAL LIQUIDATOR for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE K.M.THAKER Date : 13/09/2013 ORAL ORDER
Heard learned counsel appearing for the contesting parties.
2. In present application, the applicant has prayed that:-
7(B) YOUR LORDSHIPS may be pleased to restore Company Application No.303 of 2012 to its original file, in the interest of justice;
(C) YOUR LORDSHIPS may be pleased to dispense with filing of affidavit of the applicant in the interest of justice;
Having regard to the averments made in the application and considering the submissions made by learned counsel for the applicant, since sufficient cause is shown, the order dated 2.9.2013 passed in Company Application No.303 of 2012 is recalled.
The Company Application No.303 of 2012 is ordered to be restored to its original file, and may be listed for hearing in due course.
Since facts are taken from record, requirement of filing affidavit in support of the application is dispensed with.
Present application is allowed in terms of para 7(B) & (C).
Present application accordingly stands disposed of.
(K.M.THAKER, J.) kdc Page 2