9911796707
TMI Blog2008 (2) TMI 632X X X X Extracts X X X X X X X X Extracts X X X X ..... s also prayed for passing other incidental consequential and supplementary orders and directions as may be necessary and deemed fit by this court. 2. This court has issued notice on 5-2-2008, to the Registrar of Companies. Pursuant to the notice, the Registrar of Companies has filed his appearance through his counsel Mr. Harin P. Raval and has also issued instructions to his counsel vide letter dated 18-2-2008, which is placed on record. 3. Mr. N.K. Pahwa, learned advocate appearing for the petitioner submitted that the petitioner was the first director of the company and was also the subscriber to its memorandum of association. The company came to be incorporated on 28-10-1996 and was given certificate of incorporation by the Registrar o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the company from the register as per the provisions of section 560(5) of the Act. The Registrar of Companies has also published public notice in the official gazette dated 26-3-2002, which was in fact published on 13-4-2002. 4. Mr. Pahwa further submitted that in the intervening period, various viability factors in respect of cold storage plant had changed positively. The petitioner had made representation to ONGC Ltd., in the years 2005 and 2006. The ONGC Ltd., addressed a letter dated 15-5-2006, to the company through its director conveying its willingness to allocate 4000 SCMD of low pressure natural gas. However, even after writing the said letter, no further steps were taken by ONGC Ltd., showing its willingness to enter into agr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e restored to the register maintained with the office of the Registrar of Companies by exercising jurisdiction conferred under section 560(6) of the Act. 6. Mr. Pahwa further submitted that by restoration of the company's name to the register, no person or body would suffer any prejudice. There are no creditors both secured or unsecured as of the present date. There are also no statutory creditors. On the other hand, as the petitioner has received approval/permission from ONGC Ltd., for the supply of gas and that the petitioner has also bought a big parcel of land for the purpose of setting up cold storage plant which would not only generate business but also employment opportunities. It would be, therefore, in the interest of the company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 93 and 94 of the Companies (Court) Rules, 1959. The petitioner is hereby directed to deliver certified copy of the order within 14 days from the date of the order, and on such delivery, the Registrar of Companies do, in his official name, advertise the order in the gazette of the State Government as well as issue public advertisements in the two newspapers, namely, "The Indian Express" - English daily and "Loksatta-Jansatta" - Gujarati daily, both Ahmedabad editions. For meeting with these expenses the petitioner is hereby directed to deposit a sum of Rs. 10,000 with the Registrar of Companies and further pay counsel fees which is quantified to Rs. 3,500 and the same should be directly handed over to Mr. M. Iqbal Shaikh, learned standing co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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