1. The endorsement on the Board indicates that the Notice issued to respondent No.3, has not been received back, either served or unserved. Issue fresh Notice to the said respondent that shall be served directly, making it returnable on 05.07.2012.
2. Pursuant to order dated 09.05.2012, an affidavit has been filed by Shri G.G. Pandya, In-charge Deputy Mamlatdar, Kalol, wherein it is stated in Paragraph-6 that the Circle Officer visited the office of Dugra Textile (respondent No.3) against whom the Recovery Certificate has been issued and upon inquiry, it was found that at present, the factory is closed and the new owner i.e. Umiya Textile is running the factory on the premises.
3. It is further stated that Umiya Textile has purchased the factory machineries in 2000. It is stated that the owner of Umiya Textile has stated that the factory is running on rented premises and they are paying rent to one Shri Ambalal Marghabhai Patel.
4. Thus, it appears that no proper verification has been done by the Circle Officer regarding who is the present owner of the factory and whether Umiya Textile has purchased the premises of Durga Textile or is operating it on rented premises.
5. In Paragraph-7 of the affidavit, it is stated that the owner of Umiya Textile has stated that the factory was purchased from the owner of Durga Textile i.e. Girishbhai Patel, and no liability of paying the due amounts has been informed. This would go to show that Umiya Textile is the present owner of the said premises. However, it has not been clearly stated so in the affidavit. Let a further affidavit be filed, stating clearly the facts as to whether the premises of Durga Textile has purchased by Umiya Textile, or not and who is the owner of the factory premises.
List on 05.07.2012.
(Smt.
Abhilasha Kumari, J.) rakesh/ Top