MODI BUSINESS MACHINES LTD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of two writ petitions No. 14705 of 1989 Modi Business Machines Limited v. State of Punjab and others, 1991 2 RRR 253 . and Civil Writ Petition No. 14120 of 1989 Ajay Electrical Industries Limited v. State of Punjab as common questions of law and fact are involved in these two writ petitions. The facts are being taken from writ petition filed by M/s Modi Business Machines Limited.

(2.) On March 26, 1987, Government of India, Ministry of Industries vide Licence No. CIL : 128(87) New Delhi granted industrial licence under the Industries (Development and Regulations) Act, 1951 for the manufacture of electronic typewriters with an annual capacity of 15000 to a unit known as Punjab Business Systems Ltd. which was incorporated by Registrar of Companies, Punjab, Himachal Pradesh and Chandigarh vide its order dated March 13, 1986. Later, the name of the company was changed after taking approval of the Central Government to Modi Business Machines Limited, fresh certificate of incorporation consequent upon the change of name was issued by the Registrar on October 9, 1987.

(3.) General Manager, District Industries Centre, SAS Nagar (Mohali) vide its letter dated September 28, 1986 registered the unit of petitioner availing of incentives under the Punjab Incentives Code under the Industrial Policy Statement 1978. The unit was placed in area group-II. The registration was earlier provisional under group-II and the same was later converted on permanent basis under group-II on November 10, 1989.