ARTEE ROADWAYS PVT LTD Vs. TRANSFER SERVICES LTD

JUDGEMENT

(1.) THE present appeal is directed against the order dated 13.11.2009 and 02.07.2010 passed by the learned Company Judge, whereby the advertisement was ordered to be published in the newspaper as well as in the Official Gazette after admission but before winding up of the petitioner company.

(2.) THE relevant facts are that there was an operating lease agreement entered into between the appellant and the respondent on 20.08.2007, copy of the agreement is at page 33 at Annexure-C in the compilation.

(3.) IT appears that the matter proceeded ex parte before the Company Judge, but it is also a fact that the opportunity was given by the learned Company Judge, but the appellant herein did not avail of the same. Under the circumstances, the learned Company Judge exercised the power for issuance of the advertisement. We may record that this Court when entertained the OJ Appeal on 22.07.2010, following order was passed below OJ CA No.310/10-