PHILIPS INDIA LIMITED Vs. PHILIPS INFOTCH LIMITED

JUDGEMENT

(1.) M /s. Philips India Limited, a company registered with the Registrar of Companies, Calcutta has made an application dated 23.7.2002 to the Regional Director. Department of Company Affairs, Chennai for issuance of directions under section 22 of the Companies Act, 1956 to another company namely M/s. Philips Infotech Limited, registered with the Registrar of Companies, Kerala to change its name. The applicant company has made the above application on the following grounds.

(2.) UPON the receipt of the said application, I have vide letter dated 23.8.2002 addressed the Registrar of Companies, Kerala to furnish full details of the respondent company and also to send a report on the application made by the applicant company under Section 22 of the Companies Act, 1956. The Registrar of Companies vide his letter dated 12.09.2002 has stated that the name Philips Infotech (P) Ltd., was allotted to Shri Philip Mathew on 10.5.1999 and the company was registered on 27th August, 1999. The Registrar has also furnished his report, the details of Directors and registered office address of the respondent company. As per the said details the registered office of the respondent company is situated at 3C, Metro Palace, Town Railway Station Road, Kochi -682018.

(3.) UPON receipt of the report from the Registrar of Companies, Kerala, I have vide letter dated 07.10.2002 addressed the applicant company and respondent company to appear before me for a hearing on 22.10.2002 at 11.30 a.m. either in person or through an Advocate or an Authorised representative with a Power of Attorney alongwith necessary material papers, written statements, case laws etc., in support of their respective cases. Since none of the parties appeared on the appointed date and time, the hearing was refixed on 03.01.2003. Philips India Limited represented by Mr. S. Vanuvamalai and Mr. P. Ravindranath, Power of Attorney Holder of Philips Infotech Limited appeared. The applicant company has requested by way of letter stating that they want adjournment. As a last opportunity one more hearing was fixed on 5.2.2003 at 12.00 noon. Both the parties appeared before me on the said date and time represented by Shri AVS Rama Sarma, Advocate for applicant company and Shri. P. Ravindranath, Advocate for the respondent. The respondent company desires to present detailed objections on the application filed by the applicant company. The respondent company was given time limit upto 26.2.2003 to file detailed objections and a copy may be served on the applicant in order to file a counter by them within 2 weeks i.e. by 14.3.2003 and final direction u/s 22 of the Act would be considered thereafter.