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2017 Supreme(Guj) 101

A.J.SHASTRI
Hiren D. Padharia – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Saurin Mehta, S.I. Nanavati, Sr. Adv. and V.D. Nanavati, Advocate
For the Respondents: L.R. Poojari, APP

JUDGMENT

A.J. Shastri, J.

1. The present petition is filed seeking quashment of Criminal Case No. 904 of 2008 pending before Court of learned Judicial Magistrate (First Class), Anjar, and consequent issuance of process thereupon.

2. The facts of the prosecution in the background are as under:

"2.1 Global Oil & Fats Ltd. is a company established and incorporated under the provisions of Companies Act, 1956 engaged in the business of refining, packaging, manufacturing and trading of branded edible oils. One of its units is situated at Anjar, Kachchh. The said company was amalgamated with three other companies namely (i) Cargill Foods India Limited, (ii) Duckworth Flavours (India) Pvt. Ltd. and (iii) Cargill Matrix Feeds Pvt. Ltd. and thereafter merged with Cargill India Pvt. Ltd. under the scheme of amalgamation. The Hon'ble Delhi High Court was pleased to allow merger/amalgamation by order dated 13.8.2008 by which, accused No. 1 company has attained a "Civil Death" and has lost its legal existence in the eye of law.

2.2 Further facts are that prior to the said merger, there was a job work/toll manufacturing agreement entered into on 1.11.2005 between Cargill India Private Limited and Glob
















































































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