46. Where no appearance has been entered or where, after entry of an appearance, no statement of case has been delivered, the Director may apply to the Court for a declaration that the restrictions in the agreement to which the notice of reference applies are contrary to the public interest and, where appropriate, for an order under section 1(3) or 2 of the Act; and any such application, may be made—
(a)where no appearance has been entered, not earlier than 28 days after the expiration of the time limited for entry of appearance by the respondent on whom the notice of reference was last served;
(b)where no statement of case has been delivered, not earlier than 28 days after the expiration of the time limited for delivery of a statement of case by the respondent who last entered an appearance.