TaxTMI 
TaxTMI 
2012 (12) TMI 1250
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....ith a request to post this matter for "being spoken to". Accordingly, the matter was posted on the next day and thereafter the learned counsel of the applicant sought further time to file necessary application for recalling the order passed on 19th November 2012. Hence, this application. 2. The reasons assigned in the application, viz., that the Director of the Company by name Pratap Kandamoori was not in station for about six months and consequently, the papers which served by the Registered Post was not handed over to him. Further, papers were lost and could not be traced and under those circumstances, the applicant could not be able to appear before the Court as also respond to the Court notice. The learned counsel appearing for the r....
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....er was passed in the open Court, on the next day itself a memo was filed for posting this matter for "being spoken to". This only shows the conduct of the respondent-company in not responding to the court notices and also to the statutory notice. It is further submitted that the respondent-company has not stated in the affidavit as to what is the source of information in passing the winding-up order against the respondent. Unless the just and sufficient cause is shown, it is not entitled for seeking recalling of the winding-up order; and the discretionary power could not be exercised by this Court. By passing the winding-up order, the Official Liquidator was appointed and hence the Official Liquidator should have been made a party in this a....
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.... for recalling the order dated 19th November 2012, has failed to convince the Court to the fullest extent. The person sworn-in to the affidavit has stated that he was managing the affairs of the Company and he was in the Country for six months, itself, is not sufficient to recall the winding-up order. First of all, he should have stated as to how only he was responsible to file this affidavit when other Directors were available. Secondly, the legal notices issued have not been responded to and when the Company petition is filed and the Court notice came to be issued, though it was served on the respondent, the same have not been responded to. After the matter came to be admitted and winding-up proceedings was taken up by paper publication, ....
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....cree passed against the defendant can be set aside upon satisfaction of the Court that either the summons were not duly served upon the defendant or he was prevented by any "sufficient cause" from appearing when the suit called on for hearing. Unless "sufficient cause" is shown for non- appearance of the defendant in the case on the date of hearing, the Court has no power to set aside an exparte decree. The words "was prevented by any sufficient cause from appearing" must be liberally construed to enable the Court to do complete justice between the parties.... In a case where the defendant approaches the Court immediately and within the statutory time specified, the discretion is normally exercised in his favour, provided the absence was no....