Garg Builders Pvt. Ltd. has changed its name. There is no alteration in the constitution or legal status of the company. The fact of alteration of name was not brought to the notice of the Tribunal. Has the company got a

CS Executive · Setting up of Business Entities and Closure · PYQS · December 2022
Garg Builders Pvt. Ltd. has changed its name. There is no alteration in the constitution or legal status of the company. The fact of alteration of name was not brought to the notice of the Tribunal. Has the company got a right to execute a decree in its new name after change of name ?

Answer & Explanation:

The change of name shall not affect any rights or obligations of the company or render defective any legal proceedings by or against it, and any legal proceedings which might have been continued or commenced by or against the company in its former name may be continued by or against the company in its new name. [Solvex Oils and Fertilizers v. Bhandari Cross-Fields (P) Ltd., (1978) 48 Com Cases 260 (P & H)]. In case of Garg Builders Pvt. Ltd., there is no alteration in the constitution or the legal status of the company. Even after the name of a company is altered by special resolution and sanction by the Registrar is accorded, the company continues to possess the same rights and is subject to the same obligations as existed before the change in the name of Company. Therefore, if a company has the power to execute a decree in its old name, it has a right after the change to execute the decree in its new name. The fact that alteration in the name was not brought to the notice of the NCLT would not in any manner render defective or irregular proceedings initialized by a company in its former name. A decree obtained by a company in its former name can be executed by it in the new name after it has obtained a certificate for the altered name. The change of the name does not affect the rights of the company. It is not necessary that the new name should have been entered in the decree.

Topics: Company Law

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic