KWALITY ICE CREAMS INDIA P LTD Vs. STATE

JUDGEMENT

(1.) THE petitioner-company has presented this petition under Section 17 of the Companies Act, 1956 (hereinafter referred to as "the Act"), for confirmation of the alteration to the situation clause in the memorandum of association of the company for shifting of the registered office of the company from the State of West Bengal to the National Capital Territory of Delhi, as approved by a special resolution passed in accordance with Section 189 of the Companies Act, 1956, at its annual general meeting held on September 24, 2004. An application filed by the company seeking extension of time in filing the petition, is allowed.

(2.) Initially, Director, Economic Offences Investigation Cell, Finance Department, Government of West Bengal, vide his letters dated July 8, 2005, had raised certain queries in respect of the company regarding non-payment of sales tax/profession tax and non-payment of compensation to the employees for transferring the company to M/s. Hindustan Lever Ltd. In reply, the company by its communication dated April 11, 2007, explained all those queries to which the Director, Economic Offences Investigation Cell, did not react thereafter, despite further notice dated April 16, 2007, issued by this Bench.

(3.) TWO ex-employees of the company, viz., Shri Achhitanand Rai and Shri Prabir De have filed objections to which the company also filed its counter-replies refuting all the allegations raised therein.