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2002 DIGILAW 629 (GUJ)

NARANBHAI R. PATEL v. O. L. OF GUJARAT STATE TEXTILE CORPORATION LIMITED

2002-08-19

B.J.SHETHNA

body2002
B. J. SHETHNA, J. ( 1 ) THE applicant Shri Naranbhai R Patel who is Advocate for Gujarat State Textile Corporation Ltd. company which has gone into liquidation has taken out Judges Summons by way of this application and prayed that the respondents be directed to pay an amount of Rs. 1,93,425. 00 being the balance amount of bills of the applicant towards the professional fees with 12% interest p. a. ( 2 ) ). ON 17. 7. 2002, the Learned Single Judge of this Court (A. R. Dave, J) issued notice to the respondents making it returnable on 6. 8. 2002. Official Liquidator waived service on 6. 8. 2002. Thereafter, the matter was adjourned to 19. 8. 2002 i. e. today. ( 3 ) ). TODAY, the respondent no. 1 - Official Liquidator stated at the Bar that the Officer on Special Duty from GIDC for the Gujarat State Textile Corporation-respondent no. 2 has not remained present as he wanted to present his case through Counsel Shri Roshan Desai. In absence of any power being filed on behalf of the respondent no. 2, it is not necessary for me to wait as both the respondents are duly served. ( 4 ) ). ADMITTEDLY, the respondent company i. e. Gujarat State Textile Corporation has been wound up on 6. 2. 1997 and this application is filed by the applicant Naranbhai Patel, Advocate only in 2002 in a company petition which was filed in 1996 after a period of six years. When asked, Mr. Vasavada, Ld. Counsel appearing for the applicant was not in a position to point out that under what provision this application is filed in the above Company Petition No. 205 of 1996. ( 5 ) ). IF there was an ordinary transaction between the parties, then the suit was required to be filed within 3 years. That period has expired long back. In this case, the respondent company has gone into liquidation way back in 1997 and after filing of this company petition in 1996, as stated earlier, the present application is filed after a lapse of 6 years i. e. 2002. Therefore, no relief can be granted as prayed for in the petition. ( 6 ) ). In this case, the respondent company has gone into liquidation way back in 1997 and after filing of this company petition in 1996, as stated earlier, the present application is filed after a lapse of 6 years i. e. 2002. Therefore, no relief can be granted as prayed for in the petition. ( 6 ) ). ON merits also, it can be seen that the Learned Advocate-present applicant was informed about the terms and conditions according to which, 50% of the fees were to be paid at the time of appearing and remaining 50% to be paid at the time of final hearing and disposal of the suit. Admittedly, part-payment was made. When the company has gone into liquidation then there was no question of making the remaining payment. ( 7 ) ). THE submission of Mr. Vasavada, Ld. Advocate for the applicant-advocate that it may be treated as costs in the winding up petition cannot be accepted as there is no such provision under the Act. Hence, this application is dismissed. Notice discharged with costs. .