← Library
Madras High CourtA/4429/2022ordered

Resilient Agencies Private Limited v. Y.Rubandas

2022-12-06Honourable Mr Justice C. Saravanan2 pages

A.No.4429 of 2022 A.No.4429 of 2022 in C.S.No.667 of 2018 C.SARAVANAN, J.

This application has been filed for effecting change in the short cause title, long cause title of the name of the applicant.

2. It is noticed that the suit was originally filed by M/s.Denwood Merchandising & Industries Private Limited and that the name has now changed to M/s.Resilient Agencies Private Limited. To this effect, the Registrar of Companies has also issued a Certificate of Incorporation pursuant to the change of name in terms of the provisions of Companies Act, 2013 read with Rule 29 of the Companies (Incorporation) Rules, 2014.

3. The contesting defendant had remained exparte all through and therefore a Preliminary Decree came to be passed on 21.01.2019 and thereafter a final decree came to be passed on 22.08.2019. Pursuant to the directions of this Court dated 04.07.2022, the assets were also brought to sale in presence of the Advocate Commissioner appointed by this Court. 1/2 https://www.mhc.tn.gov.in/judis

A.No.4429 of 2022 C.SARAVANAN, J.

arb

4. Though the defendant opposes further proceedings in the suit pursuant to the sale/public auction held on 14.08.2022, I do not find any reasons to delay in passing orders in the application for name change as the application is only a formal application. Accordingly, this Application is allowed.

5. It is open for the defendant to move the application for setting aside the sale, which, the application appears to have been filed before this Court Registry on 06.09.2022.

6. The plaintiff is directed to carry out the necessary amendment and to file amended plaint copy by 16.12.2022.

06.12.2022 arb A.No.4429 of 2022 in C.S.No.667 of 2018 2/2 https://www.mhc.tn.gov.in/judis