PREM CHAND KAUSHAL Vs. GAURITEX INDUTRIES LTD

JUDGEMENT

(1.) THIS order shall dispose of an application for recall of the order passed by this Court on 12.8.2010 in CP No. 56 of 2008, whereby the respondent-Company was ordered to be wound up and the order dated 12.8.2010 passed in CP Nos. 57, 59 and 60 of 2008, dismissing the applications filed by the applicant for setting aside the exparte proceedings.

(2.) THE above mentioned four petitions were filed to seek winding up of the respondent-Company on account of its inability to pay the admitted liabilities. Since none has put in appearance on behalf of the company after its service, the petition was ordered to be admitted on 2.7.2009. THE factum of admission of notice was ordered to be published in `Dainik Bhaskar, `Indian Express (English Edition) and the Official Gazette of the State Government, U.T., Chandigarh. Subsequently, an application was filed for recall of the aforesaid order. But none appeared on behalf of the respondent- Company to support the aforesaid application, which led to the passing of the order of winding up in CP No. 56 of 2008 and order of dismissal of applications for recall of the exparte order of admission in

(3.) IT is the case of the applicant that the counsel engaged by the Company could not appear on the date fixed on account of the CA No. 555 of 2010 (O&M) in fact that he was busy and the counsel instructed by him did not appear on account of bona-fide mistake. Learned counsel for the applicants further stated that the claim of the petitioners in CP No. 56, 57, 59 and 60 of 2008 stands settled in its entirety and that the Company is ready and willing to reimburse the expenses incurred by the Official Liquidator after the order of winding up was passed by this Court.