Gujarat High Court
Astral vs Kenson on 30 March, 2012
Author: R.M.Chhaya
Bench: R.M.Chhaya
Gujarat High Court Case Information System
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COMP/124/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
PETITION No. 124 of 2011
=========================================================
ASTRAL
POLYTECHNIK LTD - Petitioner(s)
Versus
KENSON
MARKETING PVT LTD - Respondent(s)
=========================================================
Appearance :
MR
DK NAKRANI for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) : 1,
NOTICE
SERVED BY DS for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 30/03/2012
ORAL
ORDER
1. The record shows that this Court (Coram : K.M.Thaker, J.) by order dated 2.9.2011 was pleased to issue notice returnable on 7.10.2011. By further order dated 16.11.2011 the matter was kept again on 2.12.2011. As last opportunity to the respondent Company to enter appearance and to oppose this petition. However, in spite of the said order as no one appeared, by order dated 16.2.2012, while admitting the matter this Court (Coram : K.M.Thaker, J.) was pleased to observe thus :
"5. Having regard to the aforesaid factual aspects and the fact that even after the process issued by this Court and its service by the petitioner on the respondent company, the respondent has not filed any reply and has not contested the petition and has not even caused appearance, the Court is satisfied that the petition is required to be admitted. Hence, following order is passed:
Admit.
Before permitting the petitioner to publish advertisement of admission of the petition, the petitioner is directed to serve directly the process of the admission of the petition to the respondent company.
In addition to the permission to directly serve the process, the office is also directed to serve the order admitting the petition to the respondent with intimation that till the next date, if any satisfactory reply is not filed, the Court will proceed to pass appropriate order including the order directing the petitioner to publish advertisement about admission of the petition.
The process shall be made returnable on 16/03/2012."
2. Thereafter, the matter was listed for its hearing on 16.3.2012. As no appearance was filed, the matter is kept today.
3. Even when the matter was called out today, no one appears on behalf of the respondent Company. Hence, notice of hearing to be published in two News Papers, one in English being 'Times of India' (Ahmedabad Edition) and another in Gujarati being 'Sandesh' (Ahmedabad Edition) stating that date of hearing of the petition is fixed on 24.04.2012. To be listed on 24.04.2012.
Sd/-
(R.M. Chhaya, J.) M.M.BHATT Top