Shivkant Chaudhary vs M/S. Geeta Marine Services Pvt. Ltd on 28 November, 2017
In Skol Breweries (supra) the
company petition was accepted and notice was issued to the
applicant-company. On 2.3.1995 when the matter came up for
admission, the counsel who was appearing for the company appeared
and stated that she was unable to take instructions from the company
in view of an order passed by City Civil Court, Bangalore on
21.11.1994 and, therefore, she prayed for her discharge in the matter.
This court after recording this fact, ordered admission of the company
petition and its advertisement in 2 newspapers and the Maharashtra
Government Gazettee for hearing of the company petition on
20.4.1995. However, the matter was posted for hearing on 25.4.1997.
Nobody appeared on behalf of the company on that date and this
court passed an ex-parte order of winding up and consequential order.
8 Soon thereafter, the applicant company took out company
application No.364 of 1997 (since it is registered as 364 of 1997 and
the winding up order was of 25.4.1997 it would be correct to assume
that application was taken out soon after the order of winding up was
KJ
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10/16 CA735.15-30
passed) praying for setting aside ex-parte winding up order dated
25.4.1997 and for consequential reliefs. It was based on these facts
that the company application was heard and the court was pleased to
observe that the requirements of Rules-27, 28, 29, 30 & 31 being
mandatory in nature and the counsel for company, not having waived
issuance of service and notice after admission of the petition, the ex-
parte order of winding up of company has to be recalled and the court
recalled the order.