LAWS(BOM)-1992-2-30

SULPHUR DYES LIMITED Vs. HICKSON AND DADAJEE LIMITED

Decided On February 20, 1992
SULPHUR DYES LIMITED Appellant
V/S
HICKSON AND DADAJEE LIMITED Respondents

JUDGEMENT

(1.) SULPHUR Dyes Limited has filed this petition under section 155 of the Companies Act I of 1956 seeking an order and direction of this Court to Hickson and Dadajee Ltd. , to delete the petitioners former name

(2.) IT is not disputed that Hickson and Welch Ltd. is the shareholder of Hickson and Dadajee Ltd. , holding 20,872 ordinary shares of Rs. 100 each constituting 34 per cent of the equity share capital of the respondent company. A statement of the distinctive numbers of the share certificates held by the said company is annexed as Exhibit A to the petition. The particulars of these shares along with certificate number and distinctive numbers are mentioned hereinafter:<FRM>JUDGEMENT_349_BCR3_1992Html1.htm</FRM>

(3.) THE petitioner has averred in paragraph 9 of the petition that by a special resolution passed on 23rd June, 1989 at an Extra-ordinary General Meeting of Hickson and Welch Limited, the name of the said company was changed to Sulphur Dyes Ltd. The petitioner relies on copy of certificate of incorporation of change of name dated 3rd July, 1989 issued by the Companies Registered Office, Cardiff, U. K. , certifying the change of name of Hickson and Welch Ltd. to Sulphur Dyes Ltd. A copy of the said certificate dated 3rd July, 1989 is annexed to the petition as Exhibit G. The petitioner requests for rectification of register of members of the respondent company in respect of shares held by it by showing its changed name as a shareholder.