N.V.ANJARIA,J. - (1.) By filing the present petition, the petitioner company has challenged and prayed to set aside the order dated 26th July, 2007 passed by respondent No.1 - Regional Director, Western Region, Ministry of Company Affairs, whereby petitioner's licence came to be revoked under Section 25(1) of the Companies Act, 1956.
(2.) In the impugned order, it was observed by respondent No.1 that its office had received various complaints stating that the petitioner company had not been carrying out its business as provided in the Memorandum of Association approved under Section 25 of the Companies Act, because of which sub-clause (b) of sub-section (8) of Section 25 was attracted requiring to cancel the licence.
(3.) It appears that respondent No.1 had granted the licence to the petitioner company by his order dated 05th April, 2006. It was provided and directed in the said order that the applicant Association be registered as a company with limited liability without addition of word limited/private limited, subject to the conditions stated in the order. Thereafter the petitioner was given certificate of incorporation on 14th June, 2006. 3.1 It is the say of the petitioner that after grant of licence on 05th April, 2006, it did not undertake any activity. The petitioner came to be awarded works relating to supply of water to the members of the society in the GIDC Industrial Estate in May, 2007. It is the case of the petitioner that notice dated 28th June, 2007 referred to about some complaints against the company, but copies of any such alleged complaints were not provided. On 06th July, 2007, the petitioner sent a reply to the notice pointing out inter alia that it had not started any activity and not entered the business till date, still however, followed the impugned order revoking licence under Section 25 of the Act alleging that petitioner had violated the provisions of the said Section. ;