N K MAHESHWARI Vs. DHANLAXMI SOLVEX PVT LTD

JUDGEMENT

(1.) I.A. No.16388/2017 has been filed by respondent with a prayer to recall/revocation of the order of admission and advertisement dated 24/10/2017.

(2.) Learned counsel appearing for the respondent submits that the respondent was not properly served with the notice since the notice was sent to the factory site and that though the respondent had instructed the counsel but the counsel had committed the default in appearing before this Court which resulted into passing the ex-parte order of admission and advertisement. He further submits that no ground for winding up the respondent company is made out but since the true facts could not be presented in the absence of the counsel for the respondent company, therefore, the order of admitting the petition has been passed.

(3.) Learned counsel for the petitioner opposing the I.A. has submitted that there is no procedure for recalling the order of admission and that the remedy of appeal is available against the order of this Court.