THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Company Application No.649 of 2011 ORDER: This application has been filed by Kolanupaka Pattabhi Rama Rao, respondent in Company Petition 15 of 2009 under Rule 9 of the Companies (Court) Rules, 1959 to recall the order dated 22.04.2010 passed in Company Petition No.15 of 2009. The 2nd respondent herein filed Company Petition No.15 of 2009 against the 2nd respondent seeking an order of winding of the 1st respondent’s Company – M/s Spears Marketing Limited. The said company petition came to be allowed on 22.04.2010. The instant application has been filed by Kolanupaka Pattabhi Rama Rao to set aside the order dated 22.04.2010 passed in company petition. The petitioner claims to be the former Managing Director and a shareholder of M/s Spears Marketing Limited – 1st respondent. According to him, he could not contest the Company Application because of his confining in jail as under trial prisoner in relation to some other cases. The details of the cases have been stated in para 9 of the affidavit. It is further stated that some settlement has been arrived with regard to the dues payable by the company to the 2nd respondent. Despite notice being served on the 2nd respondent, no counter has been filed resisting the application. Indeed, the petitioner placed on record the affidavit of the petitioner in Company Petition No.15 of 2009 to the effect of reporting his no objection for recall of the order dated 22.04.2010. In that view of the matter, I find that the applicant made out sufficient reason for recall of the order dated 22.04.2010 and consequently the order dated 22.04.2010 passed in C.P.No.15 of 2009 is placed on record and the same is stand restored for hearing. Accordingly, the Company Application is ordered. _____________________ B.SESHASAYANA REDDY, J Dt.23rd June, 2011 PNV