- (1.) THE learned counsel Mr. Siddharth Joshi submits that despite having sent several communications, he has not received any further instructions in the matter from the respondent company. None else is present for the respondent.
(2.) THIS company petition is pending since the year 2004 with several opportunities having been extended to the respondent after admission on 23.08.2004. A brief resume of the relevant proceedings appears apposite. It is borne out that pre -admission notice was issued on 24.02.2004 and after service of notice, the petition was admitted on 23.08.2004. Thereafter, for a long length of time, the matter remained pending without any effective progress. On 11.01.2007, after finding that nobody was present for the respondent company, the notices were ordered to be issued in a newspaper. Then, on 12.01.2010, it was noticed that notice of the petition have been published in the newspaper on 16.11.2008. However, three week's time was granted to the counsel appearing for the respondent for filing the reply. Then, it was noticed on 16.02.2010 that reply had been filed and time was granted for filing the rejoinder. Thereafter, rejoinder was filed on 15.02.2011.
(3.) THEN , on 13.09.2011, the respondent company was directed to place on record the copies of the balance -sheets starting from the financial year 2000 -2001 until the financial year 2010 -11. Several adjournments were granted for the purpose. Then, an application (IA No. 7189/2012) was filed on behalf of the respondent company with the submissions that due to the circumstances beyond its control, the company had not been able to procure the balance -sheets for the financial year 2001 onwards, particularly for the reason that the possession of the premises was taken over by the creditor ­ State Bank of India and the account books and other documents also went in possession of the said Bank. It was also submitted that the company had settled all the dues with the Bank who had handed over the possession back to the company but in the process, the account books of the company and the balance -sheets for the financial year 2000 - 01 got misplaced. It was prayed that the respondent company may be granted some more time to place the requisite balance -sheets on record. A final opportunity was granted in the order dated 22.08.2012 to the respondent company to place on record the balance -sheets, as required by the order dated 13.09.2011. The matter was, thereafter, passed over several times but the requisite documents were not filed and it has been noticed that nobody remained present for the respondent company on several of the occasions.;