Weston Solutions (India) Private Limited v. M/S Delara Tourism Corporation Limited

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM COMPANY PETITION No. 196 OF 2013 O R D E R :

This Company Petition is filed seeking to wind up the respondent company for non-payment of the amount due to the petitioner company.

Vide order dated 28.04.2014, the Company Petition was admitted and publication of advertisement was deferred so as to facilitate the respondent to pay the admitted debt. Even then, since the respondent had not made any payment, the petitioner was directed to take out the advertisement.

Though the matter was listed 'for evidence' since 23.09.2014, at request of either of the counsel, it was adjourned from time to time. On 09.07.2018, considering the request of the learned counsel for the petitioner that he would file an affidavit in lieu of chief-examination, the matter was directed to be listed on 18.07.2018, on which date, there was no representation on behalf of the petitioner. Hence, it was ordered to be listed under the caption 'for dismissal'.

Today also, when the Petition is taken up, there is no representation on behalf of the petitioner. In those circumstances, this Court has no option except to presume that the petitioner is not interested in pursuing the Company Petition, which, accordingly, is dismissed for default. No costs. ____________________________ CHALLA KODANDA RAM, J 25th July 2018 ksld