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1998 Supreme(Guj) 766

S.D.PANDIT
Plastisac (P. ) Ltd. – Appellant
Versus
Gujarat Lease Finance Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:K.A. Puj, Advocate.
For the Respondent:P.J. Davawala, Advocate.

ORDER :

S.D. PANDIT, J.

1. This application is filed by the company which is the subject-matter of company petition no. 93 of 1993. The company petition no. 93 of 1993 was brought by respondent No.1. i.e. Gujarat Lease Finance Ltd. seeking an order to wind up the applicant company. Said company petition no. 93 of 1993 is allowed by me by the order dated 12-12-1997 and the present application is filed to review the said order. The applicant is seeking to reviews my order on the following grounds :

    (1) That there is no compliance of the statutory provisions of rule 24(2) of the Companies (Court) Rules 1959, as notice of advertisement of the petition was not published in the Official Gazette. That the court had no jurisdiction to dispense with the publication of advertisement in Official Gazette.

(2) That said company petition no. 93 of 1993 was once dismissed for want of prosecution and there is no provision of restoration of the said petition.

(3) That the order of restoration was passed on 27-8-1996 and that on that day, the respondent's debt had become time barred and consequently there was no justification for passing the order in question.

(4) That the assets of the applicant company

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