THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
Company Petition No.35 of 2013
Between:
Dated 01st July, 2014
M/s.Sarla Performance Fibres Limited And M/s.Parikh Fabrics Pvt., Ltd., …Petitioner …Respondent Counsel for the petitioner: Sri Sharad Sanghi Counsel for the respondent: Sri B.Shanker The Court made the following:
ORDER:
This company petition is filed for ordering winding up of the respondent-company for non-payment of the alleged debt due to the petitioner.
On 16.06.2014, this Court has passed the following order:
“This case is adjourned many times.
Learned counsel for the petitioner again asked for an adjournment, by stating that evidence affidavit of his witness will be positively filed and his client will be present on the next date of hearing.
Post on 30.06.2014.
If needful is not done by the next date of hearing, this Court may exercise the option of dismissing the case for non- prosecution.”
Even today, the learned counsel for the petitioner stated that some more time is needed for evidence affidavit and also for filing documents.
In my opinion, the petitioner is not diligent in prosecuting its case though it was given ample opportunities. As the case was adjourned many times and despite the caution made by this Court that the case will be dismissed for non-prosecution when the case was last listed on 16.06.2014, the petitioner is not ready to proceed with the case. Therefore, this Court is convinced that the petitioner is not interested in pursuing its cause in the case.
Hence, the company petition is dismissed for non-prosecution.
As a sequel to dismissal of the company petition, all the pending interlocutory applications shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 01st July, 2014
VGB