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2002 Supreme(Guj) 471

D.A.MEHTA
ANUP INDUSTRIES LIMITED – Appellant
Versus
STATE – Respondent


Advocates Appeared: ASPI M.KAPADIA, M.R.MENGDEY, N.J.SHAH

D. A. MEHTA, J.

( 1 ) RULE. Mr. Mengdey waives service of rule on behalf of Respondent Nos. 1 and 2.

( 2 ) ). THE petitioner is a Public Limited Company registered under relevant provisions of the Companies Act, 1956. The petitioner was originally incorporated as a Private Limited Company under the name of Anup Industries Private Limited on 2 1/08/1961. As required by the provisions of the Companies Act, the petitioner at its extraordinary general meeting held on 12/12/1994 passed a Special Resolution to change its name from Anup Industries Private Limited to Anup Industries Limited. The Registrar of Companies, Gujarat and Dadra and Nagar Haveli issued certificate of change on 15th December, 1994 in purursuance of Section 23 (1) of the Companies Act. One of the properties held by the Private Limited Company was a lease of two industrial plots from Gujarat Industrial Development Corporation (GIDC) and as required by them two declarations were made on 1 7/08/1999 for the limited purpose of placing it on record of GIDC. The said declarations came to be presented before the Sub-Registrar, Valsad. On 13th August, 2001 the respondent issued two notices stating why the authority should not







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