Winsome Yarns Limited v. M/S. Reid And Taylor (India) Ltd. Cin No. U17117mh2000plc126018

21-ca651-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.651 OF 2015 IN COMPANY PETITION NO.528 OF 2015 Winsome Yarns Ltd.

...Applicant

IN THE MATTER BETWEEN :

Winsome Yarns Ltd.

...Petitioner

V/s.

M/s.Reid & Taylor (India) Ltd.

...Respondent

Ms.Harshada Nagare i/b Mr.Joby Mathew for the Applicant / Petitioner.

Ms.Yogini D. Chauhan, Deputy Official Liquidator present. CORAM : R.D. DHANUKA, J.

DATE : 13TH JANUARY, 2017.

P.C. :- 1.

Learned counsel appearing for the applicant states that the respondent is served with the papers and proceedings in this company application. The statement is accepted. None appeared for the respondent, though served. No affidavit in reply has been filed. 2.

I have heard the learned counsel for the applicant and have perused the averments made in the affidavit in support of the company application. In my view, the applicant has made out a case 1/2

21-ca651-15 for recall of the order dated 27th March, 2015 on the assurance of the learned counsel for the applicant that as and when the matter would be on board in future, the petitioner would appear through an advocate without fail.

3.

The company application is accordingly made absolute in terms of prayer clauses (a) and (b). No order as to costs. 4.

The applicant is directed to file an affidavit in the office disclosing as to whether the respondent was served with a copy of the company petition along with notice prior to the dismissal of the said company petition on 27th March, 2015 or not. Such affidavit shall be filed within two weeks from today.

(R.D. DHANUKA, J.) 2/2