2022 (1) TMI 1341

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....tioner seeks a direction to be issued to the Respondent No. 1 to provide information in terms of his Right to Information Act, 2005 (RTI) application dated 26th July, 2016. The said RTI application made by the Petitioner reads as: "Subject- Information regarding search Report for Incorporation of WORLD BOOK INDIA PVT LTD under RTI, Act 2005 Sir, With reference to the subject cited above, I would like to seek information on the relevant SEARCH REPORT for name which was processed by the dealing hand "Miss Surinder Kaur" and approved by AROC Mr Atma Sah to make provisions for incorporation of a company by the name WORLD BOOK INDIA PVT LTD incorporated on 24th August. The SEARCH REPORT is required on an urgen....

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....cer has attended the RTI Application and furnished/forwarded reply thereof vide his letter no. RTI/2016/lAP/656 dated 19.08.2016 but appellant has filed an appeal against the reply of CPIO. The undersigned perused the case file thoroughly and it is observed that there are two search reports available in MCA records and as stated in the appeal, copy of one search report (which was searched by first name "Childcraft') was attached with the RTI reply given by the CPIO, hence other search report as available in the record (which was searched by first name "world") is now attached herewith for the appellant's information." 8. The information attached with this order reads as under:- Search Result CIN/1A Ref No Compan....

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....on is that the search report which was provided by the First Appellate Authority was incorrect inasmuch as the Company name 'World Book Company Private Limited' ought to have appeared on top at serial no. 1 as it was previously incorporated. 11. This Court observes that the purpose of conducting a search prior to registering any company is to ensure that no company with a similar name is already registered under the Companies Act, 2013. While conducting such a search, the date of incorporation would be very relevant and, therefore, the searching Authority has to take due care that similar names are not registered by it, so as to avoid disputes between companies with identical or similar names, incorporated under the Companies Act. 12.....