ANSHUL GURHA Vs. GREEN TREE FOODS PRIVATE LTD

JUDGEMENT

(1.) THIS matter was finally heard on 18.02.2015. The learned counsel for the parties prayed for time to file written submissions. Written submissions were filed on 20th February, 2015.

(2.) THE bone of contention of the petitioner is that the impugned order is passed on 02.09.2013. Before this date, the matter was adjourned by CLB Sine die on 02.04.2013. Thereafter, there was no intimation given to petitioner about fixing of the matter on the date when impugned order is passed.

(3.) PER Contra, the stand of the respondent is that the petitioner was informed by a written notice by the counsel that matter will be mentioned before the CLB on 23rd August, 2013. The matter was mentioned on the said date but the present petitioner was absent. Thereafter another notice was given by the counsel to the present petitioner informing that hearing is fixed on 2nd September, 2013. It is contended that these notices informing the dates i.e. 23.08.2013 and 02.09.2013 show that the petitioner had sufficient notice about dates.