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2018 (8) TMI 2103 - HC - Companies LawAmendment in conveyance deed - registration of immovable property - Petition sought change of name due to merger into new entity - Validity of demand of "unearned increase/transfer charges" on account of alleged violation of Clause 2(xi) of conveyance deed - HELD THAT:- A similar question was decided by the Single Judge of the High Court [2015 (5) TMI 1243 - CALCUTTA HIGH COURT], wherein with the observations that when the respondent-State had recognized independent juridical entity of ‘Dabur Pharma Limited’ as a lessee, the subsequent change of promoter group, which ultimately led to the change of corporate name the petitioner-Company cannot be saddled with an independent obligation to pay transfer fee. It has, therefore, been held in the judgment supra that no demand for transfer fee could have been raised against the petitioner-Company as a condition precedent for recordal of its name as a lessee on the ground that there has been transfer of leasehold rights. In view of the point in issue in this writ petition is authoritatively adjudicated upon by the Calcutta High Court with the help of case law and the facts also identical, therefore, the point in issue is covered by the judgment ibid in favour of the petitioner.
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