M/S.Kiran Global Chems Limited, v. M/S.Samyu Glass Private Limited

HON'BLE SRI JUSTICE CHALLA KODANDA RAM COMPANY PETITION No.374 OF 2016 ORDER:

This Company Petition is filed under Section 433(A) & 439(1)(B) of the Companies Act, 1956, seeking winding up of the respondent company.

This Court ordered Notice to the respondent on 14.11.2016 and also permitted the petitioner to serve the notice to the respondent through RPAD and filed proof of service. Though notice was served on the respondent on 05.12.2016, none appeared on behalf of the respondent on 13.12.2016. On 02.01.2017, when this Court noticed that the Company Petition was vague in several respects, learned counsel for the petitioner sought time to file an additional petition indicating the full details with regard to transactions between the parties. Though several adjournments have been granted, none represented on behalf of the petitioner. Finally, on 06.07.2018, this Court ordered to list the matter on 12.07.2018 under the caption 'for dismissal'. When the matter is taken up today i.e., on 12.07.2018, there is no representation on behalf of the petitioner company. It seems that the petitioner company has no interest in prosecuting the company petition.

In those circumstances, the Company Petition is dismissed for non-prosecution. There shall be no order as to costs. ____________________________ CHALLA KODANDA RAM, J Dated:12.07.2018 Ssv