2019 (11) TMI 1132

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ertiorari quashing the order dated 29.8.2019 passed by respondent no.3 (Marketing Manager/Incharge of properties, Bhadohi Industrial Development Authority, Bhadohi (ii) issue a writ order or direction in the nature of mandamus directing the authorities to consider and decide the application/ request of petitioner for changing/ recording the new name of company "Shaz Housing Pvt. Ltd.," in place of old name Shaz Investment Pvt. Ltd. regarding the properties owned and possessed by company i.e. petitioner is his old name i.e. Shaz Investment Pvt. Ltd. (iii) issue any other writ order, rule or direction in favour of the petitioner, as this Hon'ble Court may deem fit and proper under the circumstances of the case, so as to ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s Act in the new name as Shaz Housing Pvt. Ltd., in place of Shaz Investment Pvt. Ltd. and in pursuance of the aforesaid changes the Registrar of the Companies issued the certificate of incorporation in the new name of the company on 30.10.2002. Learned counsel for the petitioner states that the respondent no.3 without considering the provisions of Sections 21 and 23 of the Companies Act, 1956 read with Sections 13 and 16 of the Companies Act, 2013 has passed the impugned order. For ready reference Sections 13 and 16 are quoted below: "13. Alteration of memorandum (1) Save as provided in section 61, a company may, by a special resolution and after complying with the procedure specified in this section, alter the provisions of it....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... an ordinary resolution for the purpose; (b) on an application by a registered proprietor of a trade mark that the name is identical with or too nearly resembles to a registered trade mark of such proprietor under the Trade Marks Act, 1999, made to the Central Government within three years of incorporation or registration or change of name of the company, whether under this Act or any previous company law, in the opinion of the #Central Government, is identical with or too nearly resembles to an existing trade mark, it may direct the company to change its name and the company shall change its name or new name, as the case may be, within a period of six months from the issue of such direction, after adopting an ordinary resolution f....