Memory Electronics Private Limited, v. Powerwave Technologies Research And Development

HON'BLE SRI JUSTICE CHALLA KODANDA RAM COMPANY PETITION No.209 OF 2013 ORDER:

This Company Petition is filed under Section 433(E) of the Companies Act, 1956, seeking winding up of the respondent company.

This Court ordered Notice to the respondent on 11.11.2013 and also permitted the petitioner to serve the notice to the respondent through RPAD and filed proof of service. However, the notice sent through Court was returned unserved with an endorsement 'addressee left'. The petitioner did not file any material before the Court to show that they have taken notice to the respondent nor the notice having been served. On 09.12.2012, this Court once again permitted the learned counsel for the petitioner to take out personal notice and file proof of service. The record does not disclose the petitioner having complied with the same. On 06.06.2018, at request on behalf of the petitioner, the matter was adjourned by one week and was again listed on 11.06.2018, on which date there being no representation, this court directed the matter to be listed under the caption 'for dismissal'.

When the matter is taken up today i.e., on 18.06.2018, there is no representation on behalf of the petitioner. It seems that the petitioner has no interest in prosecuting the 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:18.06.2018.

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HON'BLE SRI JUSTICE CHALLA KODANDA RAM COMPANY PETITION No.209 OF 2013 Date:18.06.2018 ssv