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of <h1>Court affirms company's legal continuity post-name change, clarifies proceedings under Indian Companies Act.</h1> The appeal was dismissed, affirming the lower court's ruling. The judgment clarified the company's legal continuity post-name change, confirming its ... Registration of change of name and its effects thereof Issues:1. Application for leave to amend the long and short cause title in E.P. No. 213 of 1951 by substituting the name of the degree holder.2. Opposition to the application based on the contention that the alteration of the name created a different legal persona.3. Interpretation of section 11(6) of the Indian Companies Act regarding the company's ability to continue legal proceedings in a new name.4. Argument regarding the company's legal status and ability to execute decrees in its new name.5. Claim of lack of opportunity to establish a change in the company's constitution.Analysis:The judgment pertains to an appeal against an order in E.A. No. 201 of 1952 in E.P. No. 213 of 1951, where the appellant sought to amend the cause title by substituting the name of the degree holder from Vellore Varalakshmi Bank Ltd. to 'the Varalakshmi Fund Vellore Ltd.' The respondent opposed the application, arguing that the change created a different legal entity, requiring compliance with Order XXI, rule 16 of the Civil Procedure Code. However, the trial Judge, citing section 11(6) of the Indian Companies Act, permitted the amendment, stating that the change of name did not alter the company's legal status.The appeal contended that while section 11(6) allows legal proceedings to continue against the company in its new name, there is no provision for the company to continue proceedings in its new name if initiated in the former name. The Court interpreted section 11(6) to affirm the company's unchanged legal status post-name change, enabling it to execute decrees in both old and new names. The provision ensures continuity in rights and obligations, allowing proceedings initiated against the company in its former name to proceed in the new name.The appellant argued a change in the company's constitution, suggesting it became a distinct legal entity post-name alteration. However, the Court found no evidence supporting this claim, dismissing the contention due to lack of substantiation. The judgment upheld the lower court's decision, emphasizing the company's consistent legal status despite a change in name, confirming its ability to execute decrees and maintain legal proceedings seamlessly.In conclusion, the appeal was dismissed, affirming the lower court's ruling, and costs were awarded against the appellant. The judgment clarified the company's legal continuity post-name change and rejected claims of a fundamental alteration in its legal entity, underscoring the company's ability to execute decrees and participate in legal proceedings under its new name without impediment.
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