Transport Corporation Of India Limited v. The Deputy Commissioner And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/302/2024 IA No. CAN/1/2024 Transport Corporation of India Limited Vs.

Deputy Commissioner and others Mrs Anjili Nag ... for the petitioners Ms. Babita Das ... for the Administration October 3, 2024 [SR] Item No.1 This writ petition is directed against a communication dated 6 October 2023 issued by the respondent statutory authorities refusing to effect a change in name of the petitioner pursuant to a sanctioned scheme of amalgamation. It is submitted that pursuant a sanctioned Scheme of Arrangement in terms of the Sections 391 and 394 of the Companies Act, 1956 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in CP Nos. 78 and 79 of 2006, the respondent authorities are obliged to correct the Revenue Records to reflect the name of the petitioner. The respondent authorities had rejected the representation for effecting change of name on the ground that any change of name can be effected in only the following online heads of registration.

(1) Sale Deed (2) Gift Deed (3) Will (4) Power of Attorney (5) Trust Deed

(6) Partnership Deed (7) Adoption Deed (8) Release Deed (9) Lease Deed (10) Rectification Deed (11) Cancellation Deed (12) Re-Conveyance Deed (13) Family Settlement Deed During the course of hearing, it is fairly submitted by the respondent authorities that the above limited categories cannot be the only grounds for effecting a change of name. It is also submitted that there are no reasons in the impugned communication dated 6 October 2023 save and except that the online services of the respondent authorities do not provide for registration in respect of any other category. It is also submitted that the respondent authorities are ready and willing to consider the representation of the petitioner for effecting the change of name in the light of the judgment in M/s Inox Air Products Private Limited vs.

The Deputy Commissioner and another (Unreported decision of the Hon'ble High Court at Calcutta dated 27 February 2024 passed in WPA/122/2024). In view of the submissions made on behalf of the respondent authorities, WPA/302/2024 stands disposed of by directing the respondent authorities to consider the request for effecting change of name of the petitioner company afresh in terms of the above Scheme of Amalgamation and in the light of the above decision in accordance with law.

It is made clear that this Court has not gone into merits of the aforesaid representation for effecting change of name and the respondent authorities are at liberty to act without being influenced on the merits of the case. In view of the above, the impugned order is stands set aside with the above directions. ( Ravi Krishan Kapur,J. )