9911796707
TMI Blog2009 (2) TMI 460X X X X Extracts X X X X X X X X Extracts X X X X ..... tt India Private Limited (Transferor Company) with the Applicant Company (Transferee Company). After complying with the requisite procedure and requirements of law, the petition was taken up for hearing. After passing necessary directions, the Regional Director was served with a copy of the papers and proceed-ings. 3. The Regional Director filed an affidavit dated 25-7-2008. In paragraph 3, he has stated that he sent copies of the petitions to the concerned Registrar of Companies with a request to send his report on the affairs of the company. He further states that he had examined the report from various points. A copy of the report of the Registrar of Companies dated 1-8-2008 is annexed at Exhibit "A" to the said affidavit. The report of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ggest fresh name/s SRN should be resubmitted by 6-1-2009. This is the last time this SRN can be resubmitted. Thereafter further resubmissions of this SRN shall not be allowed." It is submitted on behalf of the Regional Director that the Company is bound to follow the provisions of section 21 of the Companies Act, 1956 regarding the change in the name. 7. This aspect is covered by the judgment of Dr. D.Y. Chandrachud, J. dated 11-4-2007 in Company Petition No. 64 of 2007 along with Company Petition No. 65 of 2007 in the matter of scheme of arrangement and amalgamation between YOU Telecom India Pvt. Ltd. and YOU Broadband Networks India Pvt. Ltd. In paragraph 9, the learned Judge held as under :- "9. The objection of the Regional Director ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led his affidavit enclosing a copy of the report of the RoC. It was open to the Regional Director under whom RoC functions to raise any objection under section 21. Admittedly, no objections were raised. If objections to the change in the name had been taken when the petition was considered, it would have been open to the Court to consider whether or not the change in the name ought to be permitted. That stage has passed in the present case. 10. Subject to any orders that may be passed, in the event of the Regional Director/RoC adopting any proceedings, the RoC is bound to comply with the order of this Court sanctioning the scheme including by changing the name as provided in clause 25 thereof. 11. In the circumstances, it must be held tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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