1. Mr.Dharmesh Shah, learned counsel appearing for the petitioner tenders additional affidavit which is taken on record.
2. The present petition is filed by the petitioner wherein, the petitioner has prayed for winding up of the respondent-Company as the respondent-Company has lost its financial substratum and is not been able to pay the debts. This Court (Coram: K.A. Puj, J., as he then was) vide order dated 08.09.2010 was pleased to issue notice. In response to the same, the respondent-Company has filed a reply wherein, preliminary objections as to the maintainability of the petition and allegation of suppression are taken. Apart from that, except denial of technical objections, no further objections are taken in the affidavit-in-reply. The petitioner has filed its rejoinder and has also filed additional affidavit dated 24.04.2012 which indicates that the Union Bank of India, Race Course Ring Road Branch, Rajkot has already taken over the possession of the registered office of the respondent-Company.
3. Mr.Dharmesh Shah, learned counsel appearing for the petitioner states that the respondent-Company is not a going concern and activities of the respondent-Company are closed.
4. Mr.Choksi, learned counsel appearing for the respondent-Company is not in a position to controvert the same. Mr.Choksi, learned counsel has relied upon the averments made in the additional affidavit. It is also found that vide order dated 19.03.2012, the matter was adjourned to 27.03.2012. Thereafter, the matter was heard on 03.04.2012. Mr.Choksi, learned counsel expressed his inability to take instructions in view of the fact that the respondent-Company is not functioning.
5. Hence, Admit.
6. To be heard on 09.07.2012.
7. Notice of hearing shall be published in two daily newspapers i.e. 'Phoolchab'-Gujarati daily and 'Times of India'-English daily. Publication in Government gazette is dispensed with.
8. The Official Liquidator attached to this Court is hereby appointed as provisional liquidator for taking possession of the assets and properties of the company and to submit his report to this Court before the date of hearing.
(R.M.CHHAYA, J.) Hitesh Top