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COMP/117/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
PETITION No. 117 of 2011
=========================================================
RADHE
DEVELOPERS (INDIA) LIMITED - Petitioner(s)
Versus
.
- Respondent(s)
=========================================================
Appearance
:
MR
NAVIN K PAHWA for
Petitioner(s) : 1,
MR PS CHAMPANERI for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 12/10/2011
ORAL
ORDER
1.0 After
taking into account the delay mentioned in the application by the
applicant in the memo of application and having regard to the
submissions made by learned advocate for the applicant-petitioner, a
separate order on Company Application No.462 of 2011 has been passed.
The said order shall be construed and treated as part of present
order and so as to avoid repetition the details and observations
contained in the said order are not reiterated herein.
2.0 Having
regard to the said order and the facts of the present petition
following order is passed:
2.1 Without
prejudice to rights of any creditors or shareholders and/or without
prejudice to the rights of the RoC to raise any objection including
the objection on the ground of delay in taking out present
proceedings and with a rider that it will be open to the creditors
and/or shareholders and RoC to raise such objection and order of
admission of petition will not stand in their way, the petition is
admitted subject to the petitioner placing on record consent
letters/no objections from all creditors.
2.2 The
applicant-petitioner, in furtherance of the advertisement published
on 19th
August 2011, further publish a corrigendum giving intimation of the
next date of hearing of present petition to all concerned including
the creditors and shareholders.
3.0 The
hearing of the petition shall take place on 25th
November 2011.
4.0 It
would be open to any concerned and interested party to raise
objection, if any, including the objection on the ground of delay
caused in taking appropriate action pursuant to the order passed by
the listing committee of Mumbai Stock Exchange.
5.0 The
applicant-petitioner shall forward a copy of the present order as
well as order passed in in the aforesaid application viz. Company
Application No.462 of 2011 to RoC.
[K.
M. THAKER, J.]
Amit
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