Dhadda Diamonds Pvt. Ltd. v. Regional Director, Western Region

1/2 CA373.16-59

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.373 OF 2016 IN COMPANY SCHEME PETITION NO.180 OF 2013 Dhadda Diamonds Private Limited )....Applicant V/s.

Regional Director, Western Region )....Respondent ---- Mr.Sunny Shah i/by Hemant Sethi for applicant. Ms.Purnima Awasthi for respondent-regional director. ---- CORAM : K.R.SHRIRAM,J DATE : 13.11.2017 P.C.:- Heard Mr.Shah for the applicant and Ms.Awasthi for respondent-regional director. There has been a delay of almost 3 plus years. Counsel for regional director states that the attempt is only to avoid payment of stamp duty and penalty and therefore, the application should not be allowed.

I have gone through the documents annexed to the affidavit in support along with affidavit in support. It does appear that it is nothing but inadvertent typographical error. The details of shareholders of the applicant pre amalgamation and post amalgamation as contained in Fair Valuation Report dated 30.7.2012 support the facts that what is stated in clause-7.2 (a), (b), (c) & (d) in KJ

2/2 CA373.16-59 the scheme of amalgamation should be read as for every 1000 shares instead of 100 shares.

In the circumstances, application is allowed in terms of prayer clause-(a). Applicant to pay sum of Rs.25,000/- as donation to Maharashtra Legal Aid Services Authority within 2 weeks from today. Subject to payment of this donation, the application is allowed. Application disposed accordingly.

(K.R.SHRIRAM,J) KJ