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2018 (7) TMI 2165 - CALCUTTA HIGH COURTDeposit of permission fees for transfer/sub-lease of the sub-leasehold of the writ petitioner - change of name by Company - HELD THAT:- Both Annexures "P/20" and "P/27" which treat a due change in the name of a company incorporated under the Companies Act, 1956 to be a creation of a new entity or at the very least, a reason for lifting the corporate identity to see the manner in which the shareholders have changed, are bad in law and arbitrary and illegal and contrary to the law of the land and thus public policy and show non-application of mind to the matters of record, and they are so unreasonable that no reasonable man on the face of the same facts could have come to the same conclusion. Thus, they are also perverse within the meaning of law. They are therefore quashed. Furthermore, any attempt to treat the writ petitioner under its old name and the changed name as two different entities would be bad in law and wholly without jurisdiction and in violation of Section 23 of the Companies Act, 1956 as interpreted authoritatively and must be struck down and quashed. As a consequence, any demand made by the respondents or any of them or those claiming there under to obtain permission fees for any fresh deed of rectification to change the name of the sub-lessee in the deed of sublease or rectification deed of 2005 or 2012 to the changed name of the writ petitioner or as processing fees for mutation of the said changed name, must be held to be equally without jurisdiction and impermissible on the part of the respondents or any of them. The respondents and each of them, including the respondents No. 1, 2, 3, 4 and 5 and each of them, are commanded to record the change of name of BNKe Solutions Private Limited to the changed name of the writ petitioner, Gopi Vallabh Solutions Private Limited (the petitioner No. 1) without payment of any permission fee, as demanded - Petition allowed.
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