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2015 (5) TMI 90 - HC - Companies LawWinding up petition - Recalling of order - Ex parte order of admissiopn of winding petition passed - Advertisement of petition already done - Held that:- I have considered the arguments advanced by the learned counsel for the parties and I have also considered Judgments relied upon by the parties. Considered judgements Anil kumar Sachdeva [1978 (11) TMI 125 - HIGH COURT OF DELHI], Kerala State Industrial Development Corpn. Ltd. [1987 (7) TMI 500 - HIGH COURT OF KERALA] does not support or help the applicant in any manner. The order of admission was passed on 21.03.2013. The advertisement was made on 19.04.2013. On 24.03.2013, the applicant through Advocate Shri Kantak had come to know that the Company petition was listed for admission on 21.03.2013 and order admitting and advertising the petition in terms of the rules came to be passed. Nothing had prevented the applicant from immediately moving the Court requesting to direct that the advertisement may not be made by informing the Court that they intend to file an application for recalling the ex parte order of admission. The applicant has stated that on 25.03.2013, the applicant sought for the information as to the date and time in the additional board on which the Company Petition was displayed and that such information was received by the applicant on 09.04.2013. From 09.04.2013 till 18.04.2013, the applicant had ample time to move the present application or at least an application to request the Court to direct that the advertisement may not be made as they were to file an applicant to recall the order of admission. As already stated above, the advertisement was done on 19.04.2013.The applicant filed the present application on 25.04.2013. There is no sufficient cause shown for such delay. The applicant has, otherwise, made various averments on merits running in at least 22 pages and has also produced various documents. In answer to that, the respondent has filed a detailed reply containing at least about eight pages on merits. The applicant has filed affidavit-in-rejoinder of 14 pages and one more document along with the same. The respondent has filed affidavit-in-sur-rejoinder and has produced the balance sheet. The learned counsel for the parties also made several submissions on merits. It can be said that there was prima facie case for admitting the petition. - Decided against the appellant.
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