After hearing learned advocate for the petitioner, Notice to the respondents was issued on 11.11.2011 and was made it returnable on 12.12.2011.
On 12.12.2011, one of the Directors had attended the hearing and requested for time to engage services of advocate. Accordingly, at his request, the proceedings were adjourned to 22.12.2011. Since then, Mr.Trivedi, learned advocate who has put in appearance for the respondent-Company. He has been requesting for time or he is on leave note and accordingly, the proceedings have been adjourned for time to time, until now.
Despite sufficient time and adjournment having been granted, so as to enable respondent-Company to file reply affidavit, any reply until now is not filed.
At the time of admission and hearing, learned advocate for the petitioner-Company has submitted that even the statutory notice was also not replied. In that view of the matter and considering the fact that despite repeated adjournment and opportunities, respondent-Company has not filed any reply affidavit, the Court would be inclined to accept the petitioner's request and admit the petition.
However, as a last chance, time until 31.01.2012 is granted. If by that time, respondent-Company does not file reply affidavit, then the Court may be compelled to accept the request of learned advocate for the petitioner.
Today, it is also reported that the three advocates i.e. Mr.B.J.Trivedi, Mr.J.T.Trivedi and Ms.J.B.Trivedi have (all of them) filed leave note and none of the three advocates are present. Mr.D.H.Pandya, learned advocate for respondent has also filed appearance, however, he is also not present at the time when the petition is taken-up for hearing.
S.O.
to 31.01.2012.
[K.M.THAKER, J.] ..mitesh..
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