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TMI Blog2013 (12) TMI 1755X X X X Extracts X X X X X X X X Extracts X X X X ..... e at 701, Shikhar Building, Netaji Marg, Navrangpura, Ahmedabad. 3. It is the case of the petitioner that vide order dated 08.06.2000, the petitioner was appointed as Chief Executive Officer with basic salary of Rs. 65,000/- per month and total remuneration fixed was Rs. 1.50 lacs per month by the respondent-Company and the agreement came to be executed by the respondent-Company with the petitioner on 30.05.2000, whereby, the respondent-Company had also agreed to allot 6,00,000 (six lacs) equity shares of the face value of Rs. 10/- each of the Company. 4. It is the case of the petitioner that in the initial days, the petitioner was paid salary as agreed, for which the petitioner has relied upon Offer Letter dated 13.04.2000 and salary sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tes that the respondent-Company did file additional affidavit also, producing license and other documents on record. 6. It is worthwhile to note that the record of the petition indicates that even before the matter came to be admitted at the admission stage itself, attempts were made to resolve the issue, however, ultimately, by order dated 09.09.2003, this Court (Coram: Hon'ble Mr. Justice C.K. Buch, as His Lordship the then was) after hearing of the learned counsel for the parties, was pleased to admit the matter, however, on the same day, this Court deferred to publish the advertisement. It further appears that by order dated 21.07.2004 passed by this Court (Coram: Hon'ble Mr. Justice K.A. Puj, as His Lordship the then was) it w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fresh notice came to be issued to the respondent-Company and as no one appeared on behalf of the respondent-Company, further order dated 12.12.2012 came to be passed by this Court as under:- "1. It appears from the record that vide order dated 23.03.2012, this Court has issued notice, returnable on 23.04.2012. As the learned counsel, who appeared for the respondent earlier has been appointed as District Judge, even another learned counsel Mr. P.C. Kavina, has filed an affidavit through his clerk that as Mr. P.C. Kavina, is now designated as Senior Counsel, he is not in a position to appear and assist in this matter, hence, Fresh Notice to respondent informing that the matter shall be taken for its final hearing on the next date. 2. It f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions when this matter was called for its final hearing, which is evident from the orders, which are passed in the present petition. 10. Learned counsel for the petitioner has also brought on record the extract of the status of the Company, which shows that the respondent-Company is dormant. 11. Mr. Mishra, Deputy Official Liquidator was called to assist the Court in this matter and it has been pointed out that the respondent-Company has not filed any statement of affairs. 12. Learned counsel for the petitioner submitted that the respondent-Company has admitted the fact that the petitioner was entitled to at least salary of Rs. 1.03 lacs per month in their reply. It is further submitted that the conduct of the respondent- Company is such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the respondent-Company is taken into consideration, except vague and technical contentions, no other defense is culled out. Even after publishing the date of final hearing and notice having been served, the respondent-Company has not responded to the same. It appears from the record that the respondent Company is not a going concern. It appears that the respondent-Company has lost its commercial substratum and the same also leads to only one conclusion that the respondent Company is not in a position to pay the dues of the petitioner. 14. Considering the aforesaid facts and circumstances, it would be just and proper to direct that the respondent-Company "Mynet Internet Services Limited" be wound up. Accordingly, the respondent- Company ..... X X X X Extracts X X X X X X X X Extracts X X X X
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