1. Present application has been taken out with a request that the petition may be restored to the record.
2. On 4th October 2011, below mentioned order was passed in Company Petition No.15 of 2006 and allied matters:
"When the petitions are called out and taken up for hearing neither petitioner nor respondent and neither learned advocate for the petitioner nor learned advocate for the respondent are present. The petitions have been adjourned for almost 81 times either on account of absence of petitioner or on account of absence of respondent or on account of request for adjournment with consent of other side. It is reported that any leave note or sick note is not filed.
Furthermore, when the petitions are called out and taken up for hearing there is no one to even make request for passover or adjournment. In short no one has cared to attend the hearing of present petitions, hence the petitions are dismissed for non-prosecution."
3. Without even requesting that the order may be set aside/recalled, the applicant has prayed that the proceedings may be restored.
4. Certain draft amendment is also requested for. However, any request for allowing the amendment has not been incorporated in the memo of application.
5. When the application is called out and taken up for hearing, learned Advocate for the applicant is not present even though the application is preferred for restoration of the proceedings of the petition. Any request for adjournment or even for passover is also not made. Actually there is none present to attend the matter and to even make appropriate request. Hence, the application is rejected.
(K.M.THAKER, J.) jani Top