1.The petitioner has filed this petition for winding up of respondent-company. The respondent-company was indebted to the petitioner to the tune of Rs. 2,04,596/- as the petitioner has supplied the goods to the said respondent-company and yet the amount payable in respect of the said goods has not been paid by the respondent-company. The petition was admitted by this court on 1.10.1993 and the order of publication of advertisement was passed directing the petitioner to publish the notice in the news paper namely Indian Express and Gujarat Mitra to be published from Surat. Notice in the Official Gazette was dispensed with and the petition was fixed for final hearing on 6.12.1993.
2.There is nothing on record nor any affidavit of service is filed by the petitioner showing that the advertisement as directed by this court was published.
3.On 2.2.1999, this court has passed an order recording the statement of Mr. Mehta appearing for Nanavati Associates for the petitioner that order passed in this petition or in an application taken therein, another company namely Shyam Dying and Printing Mill is supposed to have been substituted in place of the respondent-company. The court has granted time so as to enable the petitioner to produce the copy of that order. No such order is found on record of this petition.
4.On 29.9.2000, this court has passed an order recording the statement of Mr. Mehta ld. advocate appearing for Nanavati Associates for the petitioner that CA No. 104/1992 in Company Petition No. 61/1992 has been filed for joining Shyam Dying and Printing Mill, having its office at A-1, 239 GIDC, Pandesara Industrial Estate, Surat, as respondent no. 2. The office was directed to place the aforesaid CA along with this petition. It appears that the petitioner has not informed the court that the said application has already been disposed of. The court has called for the papers of Company Application No. 104 of 1992 which was dismissed on 1.10.1993.
5.On 24.11.2004, this court has passed an order fixing the hearing on 1.12.2004 so as to enable the petitioner to place on record the balance sheet of respondent company showing the financial position of the respondent - company as on 31.3.2003 and 31.3.2004. Accordingly, profit and loss accounts for the relevant period was also directed to be placed on record so as to know whether, in fact, the company has become commercially insolvent. Till this date, no such balance sheet or profit and loss accounts are placed on record.
6.From the foregoing facts, it appears that none of the orders passed by this court, earlier has been complied with by the petitioner. Despite the order of advertisement having been passed on 1.10.1993, till this date, no such advertisement has been published nor any extension of time has been sought for by the petitioner. Even subsequent orders were also not complied with. The petitioner has, therefore, lost interest in the matter and the petition is accordingly dismissed for want of prosecution. Notice discharged.
(K.A. PUJ, J.) mandora/