The court dismissed a company petition for non-prosecution as the petitioner failed to file the required affidavit of publication and comply with a prior conditional order.
The petition is dismissed for non-prosecution.
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1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY PETITION NO.417 OF 1998
Shriyam Securities & Finance ltd... Petitioners.
V/s.
Jayanti Business Machines Ltd. .. Respondent Com.
Mr.Mishra i/b Sanjeev Kanchan & Co. for petitioners.
CORAM: A.M.KHANWILKAR,J
DATE : AUGUST 5, 2005.
P.C. :
1. Counsel for the petitioner states that he has
no instruction from the petitioners.
2. Petition stands admitted in terms of order
dated 1st December, 1998. Till now, affidavit of
publication has not been filed. The matter was
notified on 24th June, 2005 with office objection,
when conditional order was passed. Even, that
conditional order has not been complied with. In
other words, petitioner has not taken further steps
after admission of the petition, for which reason,
petition is dismissed for non-prosecution.
1 issue framed by the court
Whether a company petition should be dismissed when the petitioner has failed to comply with conditional orders despite the petition being admitted.
Shriyam Securities & Finance Ltd.
Jayanti Business Machines Ltd.
A.M.KHANWILKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court