TMI Blog2019 (11) TMI 1132X X X X Extracts X X X X X X X X Extracts X X X X ..... hat there is no reason for the respondents not to permit the petitioner to change the name of the company in the record from Shaz Investments Private Limited to Shaz Housing Private Limited. The respondent nos. 3 and 4 are directed to reconsider the application of the petitioner for changing the name of the company in the record from Shaz Investments Private Limited to Shaz Housing Private Limited - petition allowed. - Writ -C No. - 36742 of 2019 - - - Dated:- 18-11-2019 - Shashi Kant Gupta, And Piyush Agrawal, JJ. For the Petitioner : Vinod Kr Pandey For the Respondent : C.S.C.,Santoosh Kumar Dwivedi ORDER Heard Sri Vinod Kumar Pandey, learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the company over the property owned by him has been rejected. Brief facts of the case are that the present company of the petitioner was established and registered under the Companies Act in the name of Shaz Investment Private Limited regarding which a certificate of incorporation was issued by the Registrar of Companies U.P. Kanpur on 5.9.1995. After getting the registration the company was carrying on in the business as per his memorandum of association. It is also submitted that just to develop the business and also to get the name and fame in the corporate, the Board of Directors of Companies decided to change the name of the company as Shaz Housing Pvt. Ltd. in place of Shaz Investment Pvt. Ltd. regarding which aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... company is the deletion therefrom, or addition thereto, of the word Private , consequent on the conversion of any one class of companies to another class in accordance with the provisions of this Act. (3) When any change in the name of a company is made under subsection (2), the Registrar shall enter the new name in the register of companies in place of the old name and issue a fresh certificate of incorporation with the new name and the change in the name shall be complete and effective only on the issue of such a certificate. ..... 16. Rectification of name of company (1) If, through inadvertence or otherwise, a company on its first registration or on its registration by a new na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, who shall carry out necessary changes in the certificate of incorporation and the memorandum. ... Learned counsel for the petitioner states that the petitioner after completing all the formalities as provided under Sections 21 and 23 of the Companies Act, 1956 read with new Sections 13 and 16 of the Companies Act, 2013 changed the name of the company from Shaz Investment Pvt. Ltd. to Shaz Housing Pvt. Ltd. therefore, passing of the impugned order observing that the sale deed should be executed in the matter is unwarranted and misconceived. Sub-section (2) of Section 16 of the Companies Act, 2013 clearly provides where a company changes its name or obtains a new name under sub-section ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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