1. This Court (Coram: D.A. Mehta, J., as he then was), on 18.01.2010, had passed the following order:-
"(1) This petition has been preferred under provisions of Sections 433 and 434 of the Companies Act, 1956 (the Act) seeking winding up of the respondent-Company, namely, M/s. Vax Surgicare Ltd. Heard learned advocate for the petitioner.
(2) Notice was issued initially on 20.06.2008. On 06.08.2009 the Court issued fresh notice considering the fact that service had been effected by Speed Post. Accordingly, fresh notice through court process also stands served. Since the returnable date, which was 22.09.2009, despite service, there is no appearance on behalf of the respondent-Company.
(3) The case of the petitioner is that goods worth Rs.1,50,000/- had been supplied by the petitioner to the respondent-Company and demand made for outstanding dues. The outstanding amount having not been paid by respondent-Company, statutory notice under provisions of Section 434 of the Act was sent on 24.12.2007 by Regd. Post A.D. and the same appears to have been duly served as per acknowledgment produced on record.
(4) Thus, even after service of statutory notice the respondent-Company has failed to discharge its outstanding liability and has also failed to make adequate arrangements to discharge the debt.
(5) As already noted despite service of notice there is no appearance on behalf of the respondent-Company in the present proceedings. Hence, in light of the statutory presumption the petition is required to be admitted.
Accordingly ADMIT.
(7) Publication of advertisement is deferred. The matter to be listed on 23.02.2010. It will be open to the petitioner to effect direct service of order of admission."
2. It appears from the record that thereafter, the matter is listed for further hearing. However, no one is appearing for the respondent-company.
3. Hence, notice of hearing be published in 'Times of India'-Ahmedabad Edition as well as in 'Divya Bhaskar'-Gujarati Daily intimating that the next date of hearing will be 01.05.2012.
S.O.
to 01.05.2012.
(R.M.CHHAYA, J.) Hitesh Top