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2008 (2) TMI 632

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..... 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 ₹ 10,000 with the Registrar of Companies and further pay counsel fees which is quantified to ₹ 3,500. - C.P. NO. 36 OF 2008 - - - Dated:- 28-2-2008 - K.A. PUJ, J. Ms. Sangeeta N. Pahwa for the Petitioner. Harin P. Raval and M. Iqbal Shaikh for the Registrar of Companies. JUDGMENT 1. The petitioner, namely, Smt. Javnika Naresh Raval, ex-director of Zalak Cold Storage (P.) Ltd., has filed this petition under s .....

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..... e letter dated 14-7-1998, a confirmation came to be given from Limbodra Field, the generation/storage of gas of ONGC Ltd., confirming allocation of 2000 SCMD of low pressure natural gas in favour of the company. The ONGC Ltd., also confirmed the said confirmation vide its letter dated 17-7-1998. However, no actual allocation of gas was made by ONGC in favour of the company despite repeated requests and reminders. As the other means of power were not viable as compared to the rent charges of cold storage at the relevant point of time, the company could not continue its business in a viable manner. The company was constrained to take steps under the provisions of section 560 of the Act and followed the procedure thereunder by submitting ap .....

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..... the plant of the company at a price of US $ 4.75 MMBTU on fall back basis for a period of 2 years. 5. Mr. Pahwa further submitted that in the meanwhile the petitioner has also bought land bearing survey No. 157 in village Pindara, district Gandhinagar admeasuring 9510 sq. mtrs., by registered sale deed dated 4-4-2007 and has also made application for permission to use the land for industrial purpose. He has further submitted that after restoration of the company s name to the register maintained by the Registrar of Companies, the company intends to set up a new cold storage plant on this land. The site is also well connected by both road and railways and is also close to Gandhinagar. The site is also close to the National Highway leadin .....

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..... which are required to be filed with the Registrar of Companies within 30 days and along with such filing fees and additional fees as per the provisions of the Companies Act, 1956 and also in compliance with other statutory formalities, if any, required for restoration of the company on records of the Registrar of Companies. Mr. Pahwa agrees to comply with the requirements as suggested by the Registrar of Companies in his letter dated 18-2-2008. 8. Considering the provisions of section 560(6) of the Companies Act, 1956 and considering the letter communicated by the Registrar of Companies dated 18-2-2008, the court hereby considers the prayer made by the petitioner in the present petition. The court is satisfied with the submission made .....

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