M/S.Shivshakti Oils Pvt.Ltd. v. Official Liquidator,Orissa High Court
IN THE HIGH COURT OF ORISSA AT CUTTACK
COPET No.39 of 2015 (Through Hybrid mode) M/s. Shivshakti Oils Pvt. Ltd.
....
Petitioner None -versusOfficial Liquidator, Orissa High Court and another ....
Opposite Parties Mr. A. Patnaik, Advocate CORAM: JUSTICE ARINDAM SINHA
ORDER
26.07.2022 07.
1.
Mr. Ajit Kumar Hota, learned advocate appears and Order No.
submits, memo has been filed saying he has endorsed 'no objection' on the Vakalatnama. Mr. Patnaik, learned advocate appears on behalf of opposite party no.2.
2.
None appears on behalf of applicant.
3.
On 26th April, 2022 there was record of submissions made by appearing parties and a question posed. Paragraphs-4 and 5 therein are reproduced below.
"4.
Mr. Hota, learned advocate appears on behalf of applicant and draws attention to annexure-9 being letter dated 24th July, 2010 to submit, demand of opposite party no.2 is against the Official Liquidator acting in interest of the company in liquidation.
// 2 // 5.
Mr. Hota will be heard on adjourned date on who has to pay transfer fees in respect of assignment of lease, the assignor or the assignee." 4.
On 19th July, 2022 none appeared on behalf of applicant. Text of order passed that day is also reproduced below.
"1.
None appears on behalf of applicant.
2.
Mr. Patnaik, learned advocate appears on behalf of opposite party no.2 and draws attention to order dated 26th April, 2022, in which there was record of submissions made by parties and a question formulated by Court, to be answered by applicant.
3.
Absence of applicant gives rise to presumption that it does not have answer to the question, posed by said order. Adjournment is granted at instance of Court as last chance to applicant, with request upon Mr. Patnaik to communicate this order to learned advocate, who had appeared on behalf of applicant. It is made clear, in event applicant continues to go unrepresented on adjourned date or thereafter, the application is likely to be dismissed.
4.
List on 26th July, 2022."
5.
The application is dismissed.
(Arindam Sinha) Judge RKS