9911796707
TMI Blog1998 (3) TMI 570X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 conse-quently there was no justification for passing the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... act that when the order of admission of company petition was passed on 29-3-1994, it has been clearly mentioned that publication of notice in the Official Gazette is dispensed with and admit-tedly there is no publication of the notice in the Official Gazette. There-fore, in the circumstances, the appearance of the above words 'as well as in 'Official Gazette' in para 2 and 'as well as in Government Gazette' in para 3 is incorrect and there is obviously an error apparent on the face of record. Therefore, in the circumstances, present application will have to be allowed partly by ordering that the words 'as well as in Official Gazette' and the words 'as well as in Government Gazette' appearing in paras 2 and 3 in my order dated 12-12-1997 des ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itory concerned, and in one issue each of a daily newspaper in the English language and a daily newspaper in the regional language circulating in the State or the Union Territory concerned, as may be fixed by the Judge. (2) Except in the case of a petition to wind up a company, the Judge may, if he thinks fit, dispense with any advertisement required by these rules." [Emphasis supplied] If the above provisions are considered, then it would be quite clear that the petitioner is required to publish the advertisement in the Official Gazette unless the Judge otherwise orders. Rule 9 of the Company (Court) Rules give inherent powers to the Court to pass such orders as may be necessary for the ends of justice or to prevent the abuse of proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ell as sub-rule 1 of rule 24, it is open for him to do so. 6. Now apart from the above aspect, it must be mentioned here that after the issuance of the advertisement, present applicant had not put in their appearance and had not raised objection to the petitioner seeking winding up of the applicant's company by filing affidavit in reply. It was open for the applicant to raise an objection for the said order and could have also filed a review application before the Judge after the petition was adver- tised as per the order dated 29-3-1994 but when the applicant has failed to do so, it is not now open to raise that contention in a review petition. It must also be mentioned here that failure to advertise in the Official Gazette may at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t either in the Government Gazette or in the local newspaper. As provided under rule 24 there was also no order passed for issuing advertisement and therefore, in the circumstances the order of winding up of the company was set aside by holding that mandatory provisions of rule 96 were not followed and therefore, the order was vitiated and consequently quashed. In the present case as a matter affect there is an order to issue advertisement. There is a publication of advertisement in the local newspaper. The company Judge has dispensed with the publication of advertisement in the Official Gazette. Therefore, it could not be said that there is no compliance with the mandatory provisions of rules 24 and 96 thus I hold that all the case cited b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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