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TMI Blog2014 (3) TMI 133X X X X Extracts X X X X X X X X Extracts X X X X ..... e direction of this Hon'ble Court under the provisions of sec.433 r.w sec. 434 of the Companies Act, 1956; b. that the Official Liquidator attached to this Hon'ble Court, Gujarat, Ahmedabad be appointed Liquidator of the Company to take over all assets and books of account and the affairs of the Company under the provisions of the Companies Act, 1956; c. pending the hearing and final hearing of this petition, the Official Liquidator attached to this Hon'ble Court, Gujarat, Ahmedabad, or any other fit and proper person be appointed as provisional liquidator of the Company and its properties, assets, incomes and also business of the Company with all power under Companies Act, 1956, including ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent and the amount is still outstanding. 3.1 It is averred in the petition that the respondent-Company has confirmed the said amount as per the accounts of the respondent-Company as on 31.03.2010. Even though, the respondent-Company was requested by sending repeated reminders dated 30.04.2010, 01.07.2010, 30.11.2010 and 31.05.2011, the respondent-Company has merely promised to pay the said amount, however, no amount is paid. It is further averred that the total amount, which is due and payable by the respondent-Company as on 30.11.2011 is Rs.6,82,508/-, which includes interest at the rate of 12%. 4. It is further averred in the petition that since the respondent-Company has not made payment, the petitioner sent a statutory notice on 17.06 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith a view to giving last opportunity to the respondent, the request is deferred until 29.07.2013. It would be open to the respondent, during the aforesaid period, to discharge its debts and then make appropriate request to the Court with reference to the order of admission of the petition. If the amount is not paid during the aforesaid time limit, then [appropriate order permitting the petitioner to issue advertisement will be passed. (C) In addition to normal mode of service through office, the petitioner is permitted to directly serve the respondent certified copy of this order. S.O to 30.07.2013." 6. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ponse to the advertisement said to have been issued on 23.8.2013, it is considered appropriate to direct the petitioner to publish an advertisement specifying next date of final hearing. 6. The advertisement shall be published in Sandesh Newspaper, Ahmedabad Edition. 7. The Advertisement shall contain reference of the next date of hearing i.e. 12.11.2013." 7. The petitioner has filed affidavit of publication as per order dated 01.10.2013, which has been published in Gujarati Daily Newspaper "Sandesh", Ahmedabad edition. 8. Learned counsel for the petitioner contended that even though repeated reminders were given and even statutory notice has been issued to the respondent-Company, the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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