On 11.1.2012, the petition was listed for hearing. Until the closing hours, the matter could not be taken up for hearing. One of the shareholders, Mr. B.C.Gandhi (who appears as party-in-person), who has raised objection against the proposed Scheme and has filed his affidavit, was present in the Court. On the said date, i.e. 11.1.2012, the learned advocate for the petitioner had requested, in view of the time limit which is inbuilt in the Scheme, that appropriate orders are required to be passed at an early date. Learned advocate for the petitioner had also requested that the matter may be listed for hearing at the earliest and preferably on 12.1.2012, i.e. the next day. Mr. Gandhi, who appears as party-in-person, submitted that it would be too inconvenient for him to stay here or to come back on 13.1.2012 and due to some difficulty, it is not possible for him to attend the hearing in the week beginning from 16.1.2012. Therefore, he was allowed to submit his written submissions by 13.1.2012, which would be taken into consideration by the Court in addition to the affidavit filed by the said shareholder. He was allowed time to forward the written submissions to the Court by 13.1.2012.
However, the submissions were not received on 13.12.2012 hence, proceedings were adjourned to 16.1.2012 then to 17.1.2012 and then to today, i.e. 18.1.2012. Until today, the written submissions are not received in the registry of the Court.
So as to afford opportunity to party-in-person, today, the proceedings are adjourned to 23.1.2012.
If the written submissions are received by the registry of the Court by the said date, the same will be taken into consideration. Otherwise, the Court would consider that except the affidavit, the said shareholder has not make any other submissions and appropriate orders on the basis of the affidavit filed by the said shareholder, will be passed.
S.O.
to 23.1.2012.
(K.M.Thaker, J.) kdc Top