OM PRAKASH JAISWAL Vs. SHEKHRAJ HOTEL P LTD

JUDGEMENT

(1.) The above application has been filed to recall ex parte order dated 9.8.2002 by which the company was wound up by this court.

(2.) I have heard Sri Shashi Nandan, assisted by Sri Vishram Tiwari, Advocates, for applicant, and Sri R.P. Agarwal, for the petitioners.

(3.) A creditor's winding up petition was filed by petitioners towind up Shekhraj Hotels (P) Ltd. with its registered office at New Colony, Aam Ghat, Ghazipur (U.P.) on the ground that it has failed to pay an amount of Rs. 23,81,400 which includes the principal amount of Rs. 13,01,000 and the agreement dated 28.3.2000 executed by the company with the petitioners and further a sum of Rs. 4,00,000 given on 6.4.2000 along with agreed interest @ 2% per annum in spite of statutory notice dated 18.12.2001 which was sent by post to the registered office of the company at New Colony, Aam Ghat, Ghazipur, as well as to its old registered office located earlier at 14/44 Prag Narain Road, Lucknow. Notices were issued by this court to the respondent company to show cause as to why the company petition be not advertised under Rule 24 of the Companies (Court) Rules, 1959. Steps were taken and notices were issued to the respondent company at its registered office at Aam Ghat, Ghazipur, on 20.2.2002. Notices were returned back with endorsement that there is no hotel in the area and thus returned. On 16.4.2002, the court noticed the aforesaid report and on the request of counsel for petitioner permitted fresh steps, both by registered post as well as by publication. It was made clear in the order that the publication is only to avoid service and is not by way of advertisement under Rule 24. The publication was required to be made in 'Pioneer' published in English from Lucknow within a month.