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Madras High CourtCMP/17770/2019ordered

M/S.Percept H Private Limited v. M/S.Galaxy Amaze Kingdom Ltd

2019-08-29Honourable Mr Justice R.Subbiah,Honourable Mr Justice Krishnan Ramasamy3 pages

in O.S.A.No.187 of 2014 R.SUBBIAH, J and KRISHNAN RAMASAMY, J (The Order of the Court was made by Krishnan Ramasamy, J) This petition has been filed by the petitioner-Company to modify the order dated 26.02.2019 in O.S.A.No.187 of 2014 and in C.M.P.No.9585 of 2019 in O.S.No.187 of 2014, dated 16.04.2011 by directing the appellant to effect publication in English Newspaper "Business Line" or any other newspaper as this Court may deem fit by fixing a fresh date for the hearing of the petition.

2. This Court, by judgment dated 26.02.2019 in O.S.A.No.187 of 2014, has directed the petitioner/appellant to effect newspaper publication about the hearing of Company Petition No.41 of 2012 in one issue of Tamil Daily, "Malai Malar" and in one issue of English Daily "Business Time" and also in the Tamil Nadu Government Gazette, by fixing the date of hearing of the Company Petition as 24.04.2019. However, the petitioner/appellant contended that there is no such English newspaper in the name of "Business Time". Therefore, the petitioner has filed the present petition for the relief stated supra.

3. Furthermore, in C.M.P.No.9585 of 2019 in O.S.A.No.187 of 2014, this 1/3

Court, by order dated 16.04.2019, had modified the date of hearing of the Company Petition No.41 of 2012 as 24.06.2019 instead of 24.04.2019.

4. Considering the above facts and the submissions made by the learned counsel on either side, this petition is allowed, directing the petitioner/appellantCompany to publish about the hearing of the said Company Petition in one issue of English daily "Business Line" instead of "Business Time" mentioning the date of hearing of the Company Petition as 30.09.2019. The said newspaper "Business Line" publication shall be effected 14 days before the hearing date of Company Petition as fixed above. Proof of such paper publication shall be filed before Court during the hearing of Company Petition.

5. In other respects, the earlier judgment dated 26.02.2019 shall remain unaltered.

(R.P.S.J) (K.R.J) 29.08.2019 cs 2/3

R.SUBBIAH, J and KRISHNAN RAMASAMY, J cs in O.S.A.No.187 of 2014 29.08.2019 3/3