PLASTISAC (P.) LTD. Vs. GUJARAT LEASE FINANCE LTD.

JUDGEMENT

(1.) This application is filed by the company which is the subject-matter of company petition no. 93 of 1993. The company petition no. 93 of 1993 was brought by respondent No.1. i.e. Gujarat Lease Finance Ltd. seeking an order to wind up the applicant company. Said company petition no. 93 of 1993 is allowed by me by the order dated 12-12-1997 and the present application is filed to review the said order. The applicant is seeking to reviews my order on the following grounds :

(2.) At the outset it must be stated that present application is a review application. It is settled law that the Court can review its order if there is a mistake or error apparent on the face of record. A review application could not be the proceedings for reappreciation of the material and evidence on record.

(3.) In the instant case, the order of admission of the petition is passed on 29-3-1994 and thereafter the petition was advertised in local Gujarati daily Sandesh and English daily Indian Express both of Baroda editions. Present applicant had not put in its appearance. When initially the petition was filed, notice for admission was issued. Even after the publication of admission notice, present applicant has not put in any appearance and has not filed any affidavit in reply opposing the admission or allowing of the petition. Thus there is no material to contradict the averments made by the petitioner in the original petition. Therefore, in that background, the controversy in question will have to be considered and decided. No doubt, in my order dated 12-12-1997 in para 2 in lines 6 and 7 the following words are appearing 'as well as in Official Gazette' similarly in para 3 in he No. 2, same words viz 'as well as in Government Gazette' are appearing. It is an admitted fact that when the order of admission of company petition was passed on 29-3-1994, it has been clearly mentioned that publication of notice in the Official Gazette is dispensed with and admittedly there is no publication of the notice in the Official Gazette. Therefore, in the circumstances, the appearance of the above words 'as well as in Official Gazette' in para 2 and 'as well as in Government Gazette' in para 3 is incorrect and there is obviously an error apparent on the face of record. Therefore, in the circumstances, present application will have to be allowed partly by ordering that the words 'as well as in Official Gazette' and the words 'as well as in Government Gazette' appearing in paras 2 and 3 in my order dated 12-12-1997 deserve to be deleted by saying that they have appeared on account of an error apparent on the face of record.