1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. COMPANY APPLICATION NO.1154 OF 2009 IN COMPANY PETITION NO.404 OF 2009 Ghanshyam Auto Parts Pvt. Ltd. ...Applicant. Versus Rakesh J. Sanghvi. ...Petitioner. ....... Ms.Seema Singh for the Applicant. Mr. S.R. Saudagar for the Respondent/Petitioner. ...... CORAM : DR. D.Y. CHANDRACHUD, J. November 19, 2009. P.C.: The Company Petition for winding up was admitted by an order dated 14th August 2009. The Petition was served on the Company on 20th July 2009. On 31st July 2009, the Advocate appearing on behalf of the Company sought time which was consented to by the Advocate appearing on behalf of the Petitioner and the Company Petition was adjourned by way of last chance to 14th August 2009. On 14th August 2009, the Advocate appearing on behalf of the Company remained absent and no reply was filed. In the affidavit in support of the Company Application, it 2 has been stated that between 7th and 14th July 2009, the Chairman of the Company was admitted to hospital for a cardiac ailment and that he was again admitted between 12th and 14th August 2009. It has been averred in paragraph 5 of the affidavit that as a result, the Chairman of the Company who was conversant with the facts was unable to contact the Advocate. The Advocate was unable to remain present before the Court since she was busy before another Court. No reply has been filed. Having perused the affidavit in support of the Company Application and the annexures thereto, it would appear that the Chairman of the Company was in hospital between 7th and 14th July 2009 and again between 12th and 14th August 2009. Though it is true that the Company Petition was served on 20th July 2009, after the Chairman of the Company was discharged from the hospital, an adjournment was granted on 31st July 2009 as a matter of indulgence, this is a matter where the interests of justice would require that the Company should be allowed to defend itself by filing a reply to the Petition. The Advocate ought to have remained present before the Court on 14th August 2009. However, it has been stated that the Advocate was busy before another Court. In these 3 circumstances, the order passed by this Court dated 14th August 2009 should be recalled, subject however, to the payment of costs. The payment of costs shall be a condition precedent. The Company Application is made absolute in terms of prayer clause (a) subject to the payment of costs, quantified at Rs.15,000/- which shall be a condition precedent. Costs shall be paid within a period of one week from today. Affidavit in reply, if any, to the Company Petition shall be filed on or before 3rd December 2009 with an advance copy to the Advocate for the Petitioner. The Company Petition shall be listed for admission on 9th December 2009. .....