BAIBHAW CONSTRUCTION PRIVATE LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) This writ application has been filed for giving direction to Respondent No. 2, the Engineer-in-Chief, Road Construction Department, Government of Bihar to substitute name of the partnership firm M/s Braj Kishore Singh and Company with the name of the Petitioner-Baibhaw Construction Private Limited which has been incorporated as the Company in the list of registered Class IA Contractors maintained by Respondent No. 2.

(3.) It appears that there was a partnership firm under the name and style M/s Braj Kishore Singh & Company which was registered as Class IA Contractor with Respondent No. 2 and there were various partners of this firm. Thereafter the partners of the aforesaid partnership firm decided to convert the partnership firm into a Private Limited Company for which an application was filed before Registrar of Companies, Patna for granting registration under the Companies Act in three names, viz. North Bihar Enterprise Private Limited, Baibhaw Construction Private Limited and Upkar Construction Private Limited. The Registrar of Companies by his communication dated 28.8.86 informed Sri Braj Kishore Singh who was one of the partners of the aforesaid partnership firm disclosing therein that ha has no objection for registration of the company in the name of Baibhaw Construction Private Limited meaning thereby he has objection for registration of the company in other name.