EVERETT TRAVEL SERVICE Vs. ASM SHIPPING LIMITED

JUDGEMENT

(1.) LEAVE under Rule 19 (3) of the Company Court Rules, 1959 granted to the applicant to take out a Judges Summons in terms of draft Judges-Summons handed in, Judges Summons made returnable forthwith. By consent taken up for hearing.

(2.) THE learned Counsel for the respondent files affidavit in reply sworn in by Ms. Kashmira Seth on 26th June, 2003. Affidavit is taken on record.

(3.) COMPANY Petition No. 188 of 2002 was filed by the petitioner a creditor, for winding up of the respondent company. After hearing the petitioner and the company, the petition was admitted by this Court by an order dated 8th august, 2002 and was advertised in Free Press Journal and Janma Bhoomi. It appears that thereafter a settlement was arrived at between the petitioner and the company. The petitioner therefore, requested the Court for permission to withdraw the petition whereupon the Court directed that an advertisement of the proposed withdrawal be published in the same newspapers. On publication of an advertisement the present applicant appeared and opposed the withdrawal by filing an affidavit dated 28th April, 2003 and requested that it being another creditor be substituted in place of the petitioner. The applicant was directed to take out an appropriate Judges Summons which is the present one.