IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No 1295 of 1990 For Approval and Signature: Hon'ble MR.JUSTICE M.C.PATEL ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- VALLABH GLASS WORKS LTD. Versus UNION OF INDIA -------------------------------------------------------------- Appearance: MR KA PUJ for Petitioners MR BB NAIK for Respondent No. 1 MR KP RAWAL, APP for Respondent No. 3 -------------------------------------------------------------- CORAM : MR.JUSTICE M.C.PATEL Date of decision: 06/10/2000 ORAL JUDGEMENT The petitioner no.2 is a Director of petitioner no.1 which is a Company registered under the provisions of Companies Act. The petitioners received a Notice dated 19th July, 1990 addressed by the Registrar of Companies. It was stated inter alia in the Notice that as the liquid assets have not been maintained as required, the Company and all its Directors who are officers in default have committed an offence punishable under Rule 11 of the Companies (Acceptance of Deposits) Rules, 1975. The petitioners were therefore requested to explain within 10 days as to why legal action under the said Rules should not be initiated in the matter. It is the said Show Cause Notice which is under challenge in this Special Criminal Application which is filed under Article 226 of the Constitution. However, the petition is filed at the stage of Show Cause Notice. It is open to the petitioners to give explanation to the Registrar raising all the contentions which are sought to be raised in this petition and it will be for the Registrar to take appropriate decision in view of the explanation offered by the petitioners. There is no reason to entertain the petition at the stage of Show Cause Notice. The petition is, therefore, dismissed. Rule discharged. Interim relief stands vacated. ( M.C. Patel, J. ) hki