9911796707
TMI Blog1999 (9) TMI 828X X X X Extracts X X X X X X X X Extracts X X X X ..... e points that are strictly germane. The reason is because if there are disputes between the parties which are required to be examined by any other forum that anything said in this order should not be to the advantage of one or to the prejudice of the other. 2. The admitted position is that the original winding up petition was filed by the company by the name of B.P.L. Telecom Ltd. A notice was published in the papers when the petition came to be admitted and as far as this public notice is concerned, the petitioner company admits it came to its attention. They pointed out that after the notice was received that the company negotiated with the creditor and arrived at a complete settlement and it is contended on behalf of the company that on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned counsel who represents the applicants advanced the submission that his clients genuinely and bona fide believed that the proceeding had come to an end because the party who had approached the High Court namely B.P.L. Telecom Ltd. had settled the dispute and has been paid up and that the original petitioner had also shown to the representatives of the company an application which they would file before the High Court for withdrawal of the proceedings. The learned counsel submitted that in this background, the company proceeded under the assumption that the winding up proceedings had been withdrawn and had come to an end and that the company need not appear before the High Court as there was no outstanding dispute. His submission is that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... body and not an individual, in the case of individuals where genuine and bona fide problems arise and the individual commits a default. The consideration would be entirely different but in the case of a corporate body which is aware of the publication of the notice and which does not appear before the High Court at any stage between June when the notice was published and December when the order was passed, this Court would be doing injustice if any such grounds are to be upheld. As I have repeatedly had to point out in several such proceedings, there are two or more parties before the Court and if a Court bends over backwards showing indulgence to one of them the Court is doing injustice to the opposite party which is at the receiving end. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance of fresh notice at this point of time in the changed circumstances could be construed as being in breach of the principles of natural justice but I am afraid that this is really a misreading of the legal position because the original notice is a composite notice and does not require to be repeated. 5. The learned counsel then submitted that the number of documents that have been produced by both the parties would itself indicate to the Court that there is a serious contest between the parties and his submission was that where an application is made for the setting aside of an ex parte order that one of the considerations before the Court is as to whether it is a application only to play for time or whether it is a genuine application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sorts of lame excuses leading to the confidence in certain quarters that litigation can be turned into an endless game. If the system has to be justice oriented, all this will have to be stopped. 6. As far as the merits aspect of the case goes, I do not propose to say a single word because this is not the stage at which a Court can enter into any form of evaluation on merits with regard to the respective claims. I am precluded from going into that aspect of the matter on the legal ground that the stage for this exercise has already passed. I have held that where the company consciously remains absent from the proceedings it virtually means that the company leaves it to the Court to pass whatever orders the Court finds necessary and once th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
