(1.) This company application has been registered upon the receipt of the opinion of the Board for Industrial and Financial Reconstruction under Section 20(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 ('the Act') vide its letter No. 34/99 BI dated 31-10-2000 received by this Court on 4-11-2000.
(2.) Vide order dated 10-8-2001, this Court issued notice to the company at its registered office 570K, Kidwai Nagar, Kanpur returnable in four weeks directing the matter to be listed on 10-9-2001. The office has reported that the notices were sent but they have returned back with the endorsement to the effect that locks have been put on the gate for several months.
(3.) The court has perused the opinion of the Board and find that at the initial stage the company responded to the notice but thereafter absented itself and that in paragraph-5 of the order dated 29-9-2000, it has been recorded that the representatives of the company were not attending the hearing. The notices sent to their registered office were received back undelivered. Thereafter a public notice was issued in newspaper and that, inspite of said publication, no one appeared for the company. In the circumstances, the service shall be deemed to have effected on the company under the Rules of the Court.