1963 (9) TMI 32

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..... o trades in oil-seeds and runs a cold storage depot at Gutaiya. Now it wishes to embark on a new business, viz. , the manufacture of steel goods ; and to this end it seeks to introduce the following additional clause among the objects set forth in the memorandum of association: "To carry on the trades and business of steel makers, re-rollers, foundrymen, steel fabricators (in all its branches and variations) and in particular as manufacturers of steel hoops (hot and cold rolled), bars and rods, tool steel, gate channels, steel castings, etc. , for sale or for internal consumption, iron founders, mechanical engineers, tool makers, brass founders, metal workers, boiler makers, mill wrights, mechanists, smiths and to buy, sell, manufacture .....

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..... veniently and advantageously combined with the business which is being carried on. I think it would be placing altogether a too narrow construction upon section 9, to hold that, because the additional business involves a new departure which was not contemplated by the original memorandum, therefore it does not fall within the purview of the section." In the present instance I see no reason to hold that the new business of manufacturing steel goods would be in any way inconsistent with or destructive of the existing business of sugar manufacture, oil manufacture, etc. ; and no circumstance has been brought to my notice that would lead to the inference that these businesses cannot be conveniently or advantageously combined together and run .....

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..... doubt that the company will take steps to start the manufacture of other items of an allied nature ; and I do not see why the company should be compelled to come to this court again and again for each such item. In certain respects, however, I feel that the proposed additional clause is a trifle too wide in its scope. The purpose of the amendment is to allow the company to embark on the manufacture of steel goods ; and in this context the reference to brass founders and metal workers scarcely seems appropriate. I propose, therefore, to delete these two items. The word "etcetera" coming after the words "steel castings" is also open to objection on the score of vagueness and that too should be deleted. The Registrar suggests that as the f .....

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