Bombay High Court

COAP/138/2001 of OFFICIAL LIQUIDATOR HIGH COURT OF BOMBAY PANAJI Vs SUNIL GAWAS on 12 December 2003

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COURT OF BOMBAY AT GOA STAMP NUMBER (APPLN.) NO. 703 OF 2001 M/S BHARATIYA DEVELOPMENT FINANCE ....Appellants LTD. MS.AMIRA RAZAQ, Coram:- P. V. HARDAS, J. Date:- 12th December, 2003 P.C.: Notice was issued to the Respondent and as per the Office endorsement dated 17-7-2001, the notice was

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IN THE HIGH COURT OF BOMBAY AT GOA

STAMP NUMBER (APPLN.) NO. 703 OF 2001M/S BHARATIYA DEVELOPMENT FINANCE LTD.

....Appellants

MS.AMIRA RAZAQ,

-Coram:P. V. HARDAS, J.-Date:12th December, 2003

P.C.:Notice was issued to the Respondent andas per the Office endorsement dated17-7-2001, the notice was returned back.Thereafter, notice was re-issued and asper the endorsement dated 6-12-2001, thenotice was returned back on the groundthat the Respondent was not found atthe given address. Similar endorsementdated 21-2-2002 is also to the sameeffect. Notice was again re-issued tothe Respondent and the notice wasreturned back with the postal remark"party left". Thereafter, theendorsement dated 31-8-2002 states thatthe notice was returned back on theground "Not known". Thereafter, time hasbeen sought for taking steps regardingthe service of the Respondent. However,till today, no steps have been taken forservice of the Respondent.This Court by its Order dated 21stNovember, 2003, had granted last opportunity to the Applicant to serve the Respondent. Despite that, no stepshave been taken. In view of this, it isapparent that the Respondent cannot beserved and hence, Company ApplicationNo.138-O of 2001 is dismissed.The learned Counsel for theApplicant states that the Ex-Directorshave not responded to the variousletters of the Applicant and hence stepscould not be taken.

Decree be drawn accordingly.

P. V. HARDAS, J.

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