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2010 Supreme(Guj) 563

S.J.MUKHOPADHAYA, K.M.THAKER
Jay-Kanan Build Con Pvt. Ltd. – Appellant
Versus
Official Liquidator, Omex Investors Ltd. (In Liquidation) (No. 2) – Respondent


Advocate Appeared:
For the Petitioner:M.J. Thakore and S.N. Thakkar, Advocates.
For the Respondent:Amee Yajnik, Advocate.

JUDGMENT :

K.M. Thaker, J.

The present appeal is taken out under Section 483 of the Companies Act, 1956 and is directed against the order dated September 21, 2010 (Jay-Kanan Build Con P. Ltd. v. Official Liquidator, Omex Investors Ltd. (in liquidation) (No. 1) (2011) 164 Comp Cas 23 (Guj)) (hereafter referred to as the "order in question") passed in exercise of original jurisdiction in the company application. By the order impugned in the present appeal, the court has directed the Registrar to initiate proceedings against the appellant-applicant-company and also against its director Mr. K.G. Bhatia, for perjury. The court has also directed the official liquidator to issue notice under section 138 of the Negotiable Instruments Act, 1881 and to file criminal complaint, if so required, against the appellant-applicant-company as well as its director. Besides the aforesaid directions, the court has also directed the official liquidator not to entertain or accept any offer by the appellant-applicant-company and/or its director in future for purchase of property through court auction and also to issue advertisement to the said effect in English daily newspaper Indian Express and Gujarati da

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