Echjay Industries Private Limited vs Registrar Of Companies on 9 March, 2016

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Gujarat High Court

Echjay Industries Private Limited vs Registrar Of Companies on 9 March, 2016

Bench: Abhilasha Kumari

                  O/OJMCA/26/2016                                             ORDER




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      MISC. CIVIL APPLICATION (OJ) NO. 26 of 2016
                          In COMPANY PETITION NO. 419 of 2015
                        In COMPANY APPLICATION NO. 368 of 2015
         ================================================================
                  ECHJAY INDUSTRIES PRIVATE LIMITED....Applicant(s)
                                     Versus
                     REGISTRAR OF COMPANIES....Respondent(s)
         ================================================================
         Appearance:
         MR NAVIN K PAHWA FOR THAKKAR AND PAHWA, ADVOCATES, ADVOCATE for
         the Applicant(s) No. 1
         MR KSHITIJ AMIN FOR MR DEVANG VYAS, ADVOCATE for Respondent(s) No. 1
         ================================================================
          CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI

                                    Date : 09/03/2016
                                     ORAL ORDER

1. This application has been preferred by the applicant with a prayer to direct the office of the respondentRegistrar of Companies to accept Form No.INC28 along with the orders in respect of all the Transferor Companies and the applicantTransferee Company and to grant fifteen days time from the date of the order of this Court to enable the applicant to file/upload the orders together with the requisite forms with the respondent.

2. Heard Mr.Navin K. Pahwa, learned advocate for Page 1 of 3 HC-NIC Page 1 of 3 Created On Thu Mar 10 02:03:54 IST 2016 O/OJMCA/26/2016 ORDER Thakkar and Pahwa Advocates, on behalf of the applicant and Mr.Kshitij Amin, learned Central Government Standing Counsel for the respondent and perused the averments made in the application.

3. It is submitted by the learned advocate for the applicant that by an order dated 20.01.2016, made in Company Petition No.419/2015, this Court sanctioned the Scheme of Amalgamation of Echjay Overseas Trade Private Limited, Hari Mahavin Investment Private Limited, Samarath Doshi Investment Company Private Limited, Vinodchandra Doshi Investment Company Private Limited and V.H.Doshi & Sons Investment Company Private Limited with Echjay Industries Private Limited. The certified copy of the above order was applied for on 17.02.2016 and delivered on 18.02.2016. On receipt thereof, the applicant filled up Form No.INC28, which was to be uploaded on the website of the Ministry of Corporate Affairs along with the order. The due date as mentioned in the form which came to be displayed by the website was 20.02.2016. As the applicant tried to upload the form on 21.02.2016, the website did not accept the form. Under the circumstances, the applicant Page 2 of 3 HC-NIC Page 2 of 3 Created On Thu Mar 10 02:03:54 IST 2016 O/OJMCA/26/2016 ORDER has no option but to file the present application.

4. Mr.Kshitij Amin, learned Central Government Standing Counsel for the respondent has no objection if the prayers made in the application are granted.

5. Hence, the following order :

The time for uploading/accepting Form No.INC28 along with the orders in respect of all the Transferor Companies and the applicantTransferee Company stands extended for a period of fifteen days from today.

The application is allowed, in the above terms.

(SMT. ABHILASHA KUMARI, J.) Gaurav+ Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu Mar 10 02:03:54 IST 2016

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