1977 (12) TMI 93

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..... giving rise to this petition under section 115 of the Code of Civil Procedure (hereinafter called the Code) was filed by Bhandari Cros-fields Pvt. Ltd. through Chandan Singh Bhandari, its secretary, against the petitioner for recovery of Rs. 2,24,100. During the pendency of the suit, the business of the company exceeded rupees one crore and it was, therefore, converted into a public company by ope .....

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..... suit, necessary change in this respect was made by the Registrar of Companies in his relevant records. The aforesaid officer had also made the necessary change under his own signature in the original certificate of incorporation dated October 8, 1963. The necessary change has been made by him on June 3, 1975, under his signatures. A photostat copy of the duly corrected certificate of incorporation .....

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..... d of any merit. Sub-section (3) of section 43A of the Companies Act provides that the provisions of section 23(3) shall apply to a change of name under sub-section (2) as it applies to change of name under section 21. Further, sub-section (3) of section 23 provides that a change of name under section 21 does not affect the rights and obligations of the company or render defective any legal proceed .....

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