Appellant Vs. Respondent

Appellant vs Respondent

Type Court Judgment Court Kolkata Decided Mar 13, 2014

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https://sooperkanoon.com/case/1133971

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Citation: sooperkanoon.com/1133971
Court: Kolkata High Court
Judge: Nadira Patherya
Decided On: Mar 13, 2014
Subject: Right to Information

Case Summary

AI-generated summary - not the official court judgment text.

Right to Information

Key legal issue: Right to Information

Parties & Advocates

Appellant / Petitioner

Appellant

Respondent

Excerpt

.....government letters sent by them to the transferor and transferee companies have returned with the postal endorsement that ‘such companies in these addresses are not known’. the said objection has been refuted by learned counsel for the applicant who submits that show cause notice under section 146 of the 1956 act was received by the transferee company at its registered office. therefore, the objection raised by the central government cannot be sustained. in fact, from the website of the registrar of companies, west bengal information with regard to the transferor and transferee company has been downloaded wherefrom the address of the registered office will also appear. therefore, the contention that the registered office is not being maintained at the address shown in the website of the registrar of companies, west bengal would not be very correct. in the income tax return also filed by the transferor company the address of the transferor company has been shown at 81 southern avenue. therefore, the question of non-compliance as reflected in the objection raised cannot be sustained. accordingly, there will be an order in terms of prayer (a) to (f) of the petition. in the event the petitioners supply a computerised print out of the scheme and the schedule of assets in acceptable form to the department, the department is directed to append such computerised print out, upon verification to the certified copy of the order without insisting on a hand written copy. in view of the aforesaid, this application is disposed of. let costs of 200 gms.be paid by the applicant to the central government. urgent photstat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (patherya, j.) nm

Full Judgment

ORDER

SHEET CA No.163 of 2013 CP No.598 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : WINWOOD INTERNATIONAL LTD.And SHIPOVA INFRAPROJECTS PVT.LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 13th March, 2014.

Ms.Manju Bhutaria, Adv.…for the petitioner Ms.Sima Adhikary, Adv..for Central Government.

The Court :-The only objection raised by the Central Government is with regard to the applicant company maintaining its registered office at the address given for approval of the scheme.

This objection has been made as according to the Central Government letters sent by them to the transferor and transferee companies have returned with the postal endorsement that ‘such companies in these addresses are not known’.

The said objection has been refuted by learned Counsel for the applicant who submits that show cause notice under Section 146 of the 1956 Act was received by the transferee company at its registered office.

Therefore, the objection raised by the Central Government cannot be sustained.

In fact, from the website of the Registrar of Companies, West Bengal information with regard to the transferor and transferee company has been downloaded wherefrom the address of the registered office will also appear.

Therefore, the contention that the registered office is not being maintained at the address shown in the website of the Registrar of Companies, West Bengal would not be very correct.

In the Income tax return also filed by the transferor company the address of the transferor company has been shown at 81 Southern Avenue.

Therefore, the question of non-compliance as reflected in the objection raised cannot be sustained.

Accordingly, there will be an order in terms of prayer (a) to (f) of the petition.

In the event the petitioners supply a computerised print out of the scheme and the schedule of assets in acceptable form to the department, the department is directed to append such computerised print out, upon verification to the certified copy of the order without insisting on a hand written copy.

In view of the aforesaid, this application is disposed of.

Let costs of 200 GMs.be paid by the applicant to the Central Government.

Urgent photstat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(PATHERYA, J.) nm

Same Court & Year Kolkata · 2014 Same Parties Appellant vs Respondent Same Subject Right to Information Same Judge Nadira Patherya