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OJCA/201/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 201 of 2010
In
COMPANY
PETITION No. 180 of 2009
In
COMPANY APPLICATION No. 264 of 2009
=========================================================
PRADEEP
FINSTOCKS AND SERVICES PRIVATE LIMITED - Applicant(s)
Versus
.
- Respondent(s)
=========================================================
Appearance :
MRS
SANGEETA N PAHWA for
Applicant(s) : 1,
MR PS CHAMPANERI for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 30/04/2010
ORAL
ORDER
The
present application has been preferred by the applicant to modify
the earlier order dated 04.08.2009 passed by this Court for
publication of the advertisement in Indian Express English
daily and Sandesh Gujarati daily when the petition came to be
admitted.
It
appears that in spite of the order passed by this Court specifically
by referring to the newspaper in which the advertisement was to be
published, the publication was made by the applicant in Western
Times which is the newspaper having not circulation at par with
Indian Express or with Sandesh. Thereafter, Civil Application
No.166/10 was preferred for treating the publication in the Western
Times as substantial compliance to the order dated 04.08.2009
passed by this Court in Company Petition
No.180/09. This Court(Coram: M.R.Shah, J.) did not consider the
matter for substantial compliance. Therefore, the said prayer was
not granted. However, as the alternative prayer was made to permit
the applicant to publish the advertisement in the newspaper, Indian
Express, English daily and Sandesh, Gujarati daily as per the
earlier order passed by this Court, the same was accordingly
permitted. It appears that thereafter, by way of second thought,
the present application is preferred.
Once
the order is passed, they are required to be complied with.
Further, the ground sought to be canvassed for economising the
expenses can hardly be countenanced on the face of the mandatory
requirement of the statute to have the publication in the newspaper
having wide circulation. The pertinent aspect is that it is on
account of the publication to be made in the Indian Express and
Sandesh which are having wide circulation, the publication in the
gazette though is also the required, is dispensed with.
Hence,
no modification is called for as prayed.
At
this stage, Mr.Pahwa undertakes to publish advertisement as ordered
but prays for refixation of date of final hearing.
Hence,
final hearing of main concerned Company Petition is fixed on
15.06.2010.
Application
disposed of accordingly.
(JAYANT
PATEL, J.)
*bjoy
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