STATE OF GUJARAT Vs. ABC BEARINGS LIMITED

JUDGEMENT

(1.) Though the appeal is listed for admission, by consent of learned advocates, it is taken up for final disposal.

(2.) We have heard arguments of Mr. K.M. Antani, learned Assistant Government Pleader appearing for the appellant and Ms. Kalpana J. Brahmbhatt, learned counsel appearing for the respondents.

(3.) In this appeal, State lays a challenge to the order dtd. 16/10/2019 passed in Special Civil Application No.13270 of 2018. Petitioner - a company known and called Antifriction Bearings Corporation Limited, registered under the Companies Act, 1956 with the jurisdictional Registrar of Companies was allotted an industrial plot by Gujarat Industrial Development Corporation (for short, 'GIDC') bearing plot Nos.1-B and 1-C admeasuring 57804 Sq. Mtrs. by executing a lease deed on 3/4/1980. Name of the company came to be changed to ABC Bearings Limited by virtue of resolution dtd. 17/6/2022 passed by the Board of Directors as required under Sec. 21 of the Companies Act, 1956. The constitution of the company was not challenged except change of name. Hence, appropriate application came to be filed with the Registrar of Companies, resulting in fresh certificate of incorporation consequent to the change of name came to be issued in favour of petitioner by the Deputy Registrar of Companies, Maharashtra, Mumbai as contemplated under Sec. 23(1) of the Companies Act, 1956.