9911796707
TMI Blog1996 (9) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... ns (India) (P.) Ltd.] was incorporated as private limited company on 21-12-1993 having registered office at Kakinada. The principal activities and objects of the company are for carrying on business of designers, builders, contractors and engineers. The 3rd respondent company was incorporated on 14-9-1994 with the name of Sidhvi Constructions (India) (P.) Ltd. with similar objects. The dispute that cropped up consequent on the incorporation of the 3rd respondent company is the semblance of name. As already noticed, the name of the petitioner-company [is] Sidhvi Constructions (India) (P.) Ltd., while the name of the 3rd respondent is Sidhvin Constructions (India) (P.) Ltd. On account of this similarity and identical resemblance and with simi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mely, Shri V.A. Rama Rao, Shri V.V.R.V. Rao and Shri P.V.S. Ravi Babu. At the time of incorporation of the company, Shri Ravi Babu was the joint managing director who is now managing director of the petitioner-company. Differ-ences arose in July 1994, between these persons. Thereafter, on 14-9-1994, the 3rd respondent-company was incorporated under the name and style of Sidhvi Constructions (India) (P.) Ltd. and Shri V.A. Rama Rao is the managing director of the said company. In fact, there was an agreement between these persons on 4-2-1995 wherein they have mutually agreed that Shri V.A. Rama Rao and Shri P.V.S. Ravi Babu to the effect that there are no claims between Sidhvi Constructions (India) (P.) Ltd. and Sidhvi Constructions (India) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bles the name of an existing company. Therefore, under section 22, it is open for the Central Government to direct the later incorporated company to change its name. However, a period of limitation has been prescribed as 12 months from the date of the incorpo-ration of the later company. The learned counsel further submits that for the mistakes committed by the authorities, the petitioner cannot be allowed to suffer loss. At the stage of registering the name of the company, the Registrar of Companies is required to take all possible steps to see that there is no company with similar name. He relies on the judgment of the Bombay High Court in Executive Board of the Methodist Church in India v. Union of India [1985] 57 Comp. Cas. 443. On ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t signified in writing, change its name or new name; and ( b )shall if the Central Government so directs within twelve months of its first registration or registration by its new name, as the case may be, or within twelve months of the commencement of this Act whichever is later, by ordinary resolution and with the previous approval of the Central Government signified in writing, change its name or new name within a period of three months from the date of the direction or such longer period as the Central Government may think fit to allow. (2) If a company makes default in complying with any direction given under clause ( b ) of sub-section (1), the company, and every officer who is in default, shall be punishable with fine which may ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to persuade to change its name. When the limitation prescribed by the statute had expired, it would not be open for this Court to extend the same by exercising the powers under article 226 of the Constitution of India. This Court cannot compel the respondent Nos. 1 and 2 to pass orders in violation of statutory provisions which has the effect of extending the period of limitation under the Act. The judgment of the Supreme Court in Hope Textiles Ltd.'s case ( supra ) is directly on this issue where the Supreme Court has held that 'the writ of mandamus can be issued to a statutory authority to compel it to perform its statutory duty, but it cannot be issued to compel the authority to pass an order in violation of statutory provisions' ..... X X X X Extracts X X X X X X X X Extracts X X X X
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