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1953 (9) TMI 10

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..... Satyanarayana Rao, J. -This is an appeal against the order of the learned Subordinate Judge in E.A. No. 201 of 1952 in E.P. No. 213 of 1951. The application was by the degree holder in O.S. No. 27 of 1950, which was the Vellore Varalakshmi Bank Ltd. The object of the application was for leave to amend the long and short cause title in E.P. No. 213 of 1951 by substituting for the description of .....

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..... ferent legal persona or a different company came into existence, totally different from the old company, and that therefore the application for amendment should not be granted. In view of the language of section 11(6) of the Indian Companies Act, the trial Judge had no difficulty in overruling the objection and in granting the permission sought for. In this appeal it was argued that under section .....

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..... n in the legal status of the company, as its incorporation is not in any manner affected by the mere change in name. It continues to possess the same rights and will be subject to the same obligations as before the change of the name, which implies therefore that if it has power to execute a decree in its old name, it has got a right even after the change of the name to execute the decree in the n .....

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..... and the mere change in the name would not, in any manner, affect its constitution. The view taken, therefore, by the lower court is, in our opinion, correct. Learned advocate for the appellant also attempted to argue that when he made an endeavour in the trial court to establish that there was a change in the constitution of the company, and that it was altogether a different legal entity from t .....

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