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High Court of DelhiO.M.P. (T) (COMM.)/6/2020

Omstar Constructions Co. (P) Ltd. v. Welcomgroup Cghs Ltd.

2020-08-11Hon'Ble Ms. Justice Rekha Palli2 pages

Via video conferencing $~OS-5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 6/2020 OMSTAR CONSTRUCTIONS CO. (P) LTD.

..... Petitioner Through:

Mr.Tanishq Panwar, Adv.

versus WELCOMGROUP CGHS LTD.

..... Respondent Through:

Mr.Anshuman Chowdhury, Adv.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 21.08.2020 I.A. 7213/2020 1.

This is an application filed by the petitioner seeking correction in the name of the petitioner/company.

2.

Learned counsel for the petitioner submits that though the petitioner's name had already been changed from 'M/s. Omaye Construction Company Private Limited' to 'M/s. Omstar Constructions Private Limited' on 24.11.2016 which fact is duly reflected in an incorporation certificate issued by the Registrar of Companies. He submits that even though a copy of the said incorporation certificate was duly placed on record, but due to an inadvertent oversight on his part, the corrected name of the petitioner was not mentioned in the petition. He therefore, prays that the name of the petitioner be corrected to M/s. Omstar Constructions Private Limited. Signed By:GARIMA MADAN Location:

22:53:23

3.

Issue notice. Mr.Anshuman Chowdhury, Advocate accepts notice on behalf of the respondent and fairly does not oppose the application. 4.

From a perusal of the incorporation certificate placed on record, even though it is evident that the petitioner has been utterly negligent, the fact remains that its name was indeed changed to M/s. Omstar Constructions Private Limited wayback in November, 2016.

5.

The application is, therefore, allowed. The name of the petitioner will be reflected as M/s. Omstar Constructions Private Limited instead of M/s. Omstar Constructions Company Private Limited. Amended memo of parties be filed by electronics means during the course of the day. 6.

The application is disposed of accordingly.

REKHA PALLI, J AUGUST 21, 2020 gm Signed By:GARIMA MADAN Location:

22:53:23