1. This Court (Coram: Smt. Abhilasha Kumari, J.) has passed the following order while issuing notice:-
Heard Mr.Devang J. Joshi, learned advocate for the petitioner. It is submitted by him that the respondent Company owes an amount of Rs.20,35,774/- with interest as on 15.05.2012, as it has not repaid the loan taken from the petitioner.
The statutory notice was issued by the petitioner on 24.05.2012 and the same has been refused by the respondent. It is further submitted that the respondent has neglected to pay monthly installments of the loan, in spite of several reminders. There is no dispute in respect of the liability of the respondent Company to pay the amount. The respondent Company has failed and/or willfully neglected to pay the amount claimed in the notice, within a statutory period, thus, it is unable to discharge its liabilities to its Creditors, including the petitioner.
Issue Notice, returnable on 14.08.2012.
Ad-interim relief in terms of Paragraph-13(d), is granted, till then.
2. As observed in the aforesaid order, there is no dispute in respect of liability of the respondent Company to pay the amount.
3. It appears from the record of the petition that even though the order dated 20.7.2012 was caused to be served upon the respondent Company, the respondent Company has refused to accept the service of the same. Hence, ADMIT. Ad-interim relief in terms of para 13[d] granted earlier vide order dated 20.7.2012 shall continue till further orders.
4. Notice of hearing of the petition shall be published in the English daily newspaper Times of India and the Gujarati daily newspaper Gujarat Mitra , both in Surat editions. Publication in the Government Gazette is dispensed with.
5. The final hearing of the petition shall be held on 17.1.2013.
(R.M.CHHAYA, J.) mrpandya Page 2 of 2