9911796707
TMI Blog2023 (1) TMI 1289X X X X Extracts X X X X X X X X Extracts X X X X ..... Upadhya ORDER Heard Ms. Charu Mathur and Sri Varad Nath learned counsels for the petitioner and Ms. Anjali Upadhya learned counsel for the respondent authority. The challenge in the present petition is to the demand notice dated 14.6.2021 issued by the Manager (Industries), Greater NOIDA and the consequential proceedings initiated against the petitioner on the premise that there is a change in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f law, the registration/incorporation was made under the Companies Act. The plot in question has been allotted to the "M/s Bayer Material Science Pvt ltd" in the Udyog Kendra Industrial Area on lease for a period of 90 years for manufacturing what is commonly known as 'Formulated Polyois'. The allotment letter dated 8.3.2006 has been appended as Annexure-'3' to the writ petition. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner company pre and post name change is in the same business, manufacturing same products and is essentially the same Corporate entity. The present case is not of the transfer of land by one entity to another entity, rather, it is a case of change of company as per the global mandate. It is also stated in para-'33' of the writ petition that there is no change in the share holding p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l company are disputed in the rejoinder filed on behalf of the petitioner. However, there is no difference in the stand of the petitioner with regard to the share holding of current company as indicated in para-'7' of the writ petition. The assertion in para-'18' of the counter affidavit disputing the contents of para-'33' of the writ petition are vague. The submission of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ." In view of the above provision in Clause 3.4 of the policy, we are of the considered view that no CIC charges can be demanded from the petitioner company in view of the established stand of the petitioner that it was merely a change in the name of the original allottee/leasee company and there is no change in the ownership or share holding of the allottee company. For the above discussion, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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