Heard Ms. Hardika Dave, learned advocate, for Mr. Pancholi, learned advocate for the petitioner, and Mr. Thakkar, learned advocate for the respondent.
2. After hearing Mr. Pancholi, learned advocate for the petitioner, under order dated 15.6.2011, office was directed to issue notice to the respondent - company.
3. Since then, present proceedings have been adjourned from time to time mostly at the request of Mr. Thakkar, learned advocate for the respondent, who consistently submitted that the respondent - company is trying to resolve the claim of the petitioner by way of negotiations and settlement.
4. Until now, any reply affidavit opposing the petition on merits has not been filed.
5. It is not in dispute that the statutory notice issued and served by the petitioner to the respondent - company at its registered office was not responded to by the respondent - company within time limit prescribed by the Act and also thereafter and even until the date on which the petition was filed. Thus, the statutory notice issued and served by the petitioner has remained without any response.
6. As mentioned above, even after presentation of the petition and issuance of notice, the respondent - company until now, i.e. almost for 6 to 7 months, did not file any reply affidavit opposing the petition on merits.
7. Now, today, an affidavit dated 28.2.2010 (through error it is mentioned as dated 28.2.2010, though it should be dated 28.2.2012) is filed. The said affidavit does not deal with any of the contentions, factual details and other submissions / allegations made in the petition and/or in the statutory notice. The reply affidavit has been filed raising technical contentions about the defects in presentation of petition. While receiving the affidavit on record, it is made clear to the learned advocate for the respondent that since the respondent
- company has chosen to not to file affidavit on merits, even after so many opportunities / adjournments, particularly after getting the petition adjourned on the ground of settling the petitioner's claim, it is understood that the respondent - company does not have any anything to say as regards the merits of the claim of the petitioner and therefore, any further affidavit as regards the merits of the claim of the petitioner will now not be accepted on record.
8. Since the respondent - company has today filed affidavit raising technical objections as regards the defects in presentation of petition, time to the petitioner is granted to take into account the said contentions and to respond the same.
S.O.
to 19.3.2012.
(K.M.Thaker, J.) kdc Top