JAYESHBHAI MAHESHCHANDRA GOR Vs. REGIONAL DIRECTOR
LAWS(GJH)-2013-7-145
HIGH COURT OF GUJARAT
Decided on
July 10,2013
Jayeshbhai Maheshchandra Gor
Appellant
VERSUS
REGIONAL DIRECTOR
Respondents
JUDGEMENT
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(1.)HEARD learned Counsels appearing for the respective parties.
(2.)THIS petition under Article 226 of the Constitution of India is filed by the petitioner challenging the order dated 07.03.2011 passed by the respondent No.1 namely the Regional Director, (Incharge), North-Western Region, Ahmedabad in granting license to respondent No.3 in exercise of powers under Section 25 of the Companies Act, 1956 (hereinafter referred to in short as 'the Act'). The above order is passed granting license, directing that the said Association - respondent No.3 be registered as a Company with limited by guarantee without addition of the word "limited" to its name subject to certain conditions.
In the above backdrop of the order impugned, learned Counsel Mr. Jal Soli Unwala contends that the exercise undertaken by respondent No.1 under Section 25 of the Act is illegal, in as much as, the petitioner an objector was called upon by a communication dated 27.03.2012, i.e. after 1 year and 20 days of passing the order and once powers are exercised under Section 25 of the Act, it would be an exercise in futility either to seek any reply or hear the petitioner. That such communication is nothing but post decision and hearing and contrary to principles of natural justice.
(3.)ACCORDING to learned Counsel for the petitioner, the petitioner is the Trustee and President of Umargaon Industries Association Trust, which was formed for the welfare and benefit of the plot holders of Umargaon GIDC and it was to function as per the object and Memorandum of Association, Rules and Regulations. That Umargaon Industries Association (UIA) was registered as a Non-Trading Corporation (NTC) under the Bombay Non-Trading Corporation Act, 1959 on 15.09.2003. One of the purposes of the above Association was to promote the welfare of the members of UIA. On 14.10.2004, even an application was preferred to get the UIA registered as a Society under the provisions of Registration of the Societies Act, 1860 and it was registered accordingly. Later on, the UIA trust also came to be registered under the provisions of the Bombay Public Trusts Act, 1950.
(2.)THIS petition under Article 226 of the Constitution of India is filed by the petitioner challenging the order dated 07.03.2011 passed by the respondent No.1 namely the Regional Director, (Incharge), North-Western Region, Ahmedabad in granting license to respondent No.3 in exercise of powers under Section 25 of the Companies Act, 1956 (hereinafter referred to in short as 'the Act'). The above order is passed granting license, directing that the said Association - respondent No.3 be registered as a Company with limited by guarantee without addition of the word "limited" to its name subject to certain conditions.
In the above backdrop of the order impugned, learned Counsel Mr. Jal Soli Unwala contends that the exercise undertaken by respondent No.1 under Section 25 of the Act is illegal, in as much as, the petitioner an objector was called upon by a communication dated 27.03.2012, i.e. after 1 year and 20 days of passing the order and once powers are exercised under Section 25 of the Act, it would be an exercise in futility either to seek any reply or hear the petitioner. That such communication is nothing but post decision and hearing and contrary to principles of natural justice.
(3.)ACCORDING to learned Counsel for the petitioner, the petitioner is the Trustee and President of Umargaon Industries Association Trust, which was formed for the welfare and benefit of the plot holders of Umargaon GIDC and it was to function as per the object and Memorandum of Association, Rules and Regulations. That Umargaon Industries Association (UIA) was registered as a Non-Trading Corporation (NTC) under the Bombay Non-Trading Corporation Act, 1959 on 15.09.2003. One of the purposes of the above Association was to promote the welfare of the members of UIA. On 14.10.2004, even an application was preferred to get the UIA registered as a Society under the provisions of Registration of the Societies Act, 1860 and it was registered accordingly. Later on, the UIA trust also came to be registered under the provisions of the Bombay Public Trusts Act, 1950.
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