ASHOK GANPULE Vs. GUJARAT LEASE FINANCING CO

JUDGEMENT

(1.) Heard learned Counsel for the parties. Judges summons have been taken by the applicant for reviewing the order made by this Court in Company Petition No. 117 of 1994 on 24-6-1998 ordering winding-up of respondent Parshuram Potteries Works Co., Morbi, against Official Liquidator respondent No.2 and respondent No. 1, the original petitioner in the petition for winding-up. The short ground urged for reviewing the order dated 24-6-1998 is that before the order was made notice of petition was not published in the Official Gazette of the State as required by Rule 24(1) of the Companies (Court) Rules which had the effect that the petition was not ripe for hearing. Reliance has been placed on decision of the Supreme Court in the National Conduits Private Limited v. S. S. Arora, reported in AIR 1968 SC 279 with particular emphasis on the observation "a petition for winding-up cannot be placed for hearing before the Court unless the petition is advertised, that is clear from terms of Rule 24(2)."

(2.) Mr. Thakore, learned Counsel appearing for the original petitioner urges that requirement as to publication under Rule 24( 1) is referable only to the mode and manner of publication and that is subject to the directions of the Court. Since, the Court while admitting petition had not directed for publishing in Official Gazette but had directed the same to be published in two newspapers only, it was not necessary for the petitioner to have advertised the notice by publishing the same in Official Gazette. The non-publication in Official Gazette does not vitiate the order under review. At any rate, the issue as to effect of non-publication in Gazette being highly debatable, no review would lie.

(3.) The fact of non-publication in Official Gazette is not in dispute.