Skip to content


In Re: Northern Enterprises Corporation Pvt. Ltd. - Court Judgment

LegalCrystal Citation
SubjectCompany
CourtPunjab and Haryana High Court
Decided On
Case NumberC.P. No. 90 of 1973
Judge
Reported in[1974]44CompCas334(P& H)
ActsCompanies Act, 1956 - Sections 17; Companies (Court) Rules, 1959 - Rule 38
AppellantIn Re: Northern Enterprises Corporation Pvt. Ltd.
Advocates: Krishan Lal Kapur, Adv.
Excerpt:
.....the period of limitation for filing an appeal would commence from the date when the parties concerned acquire knowledge of passing of the said order. - 11 clearly show that each special resolution has to be made the subject-matter of a distinct petition......this is a petition under section 17 of the companies act, 1956, for the confirmation of the two special resolutions one of which was passed on october 27, 1972, and the other on december 22, 1972. the first resolution concerns with the change of the registered office of the company from the state of punjab to the union territory of delhi and the second resolution concerns the addition of two clauses 10(b) and 10(c) to the objects clause of the memorandum of association of the company. notices of these petitions were issued to the registrar of companies and to messrs. steelcrete private ltd., dinshaw vacha road, bombay-20, who is a creditor of the petitioner-company to the extent of rs. 2,22,509.33. the registrar of companies and messrs. steelcrete ltd. have written to say that they do.....
Judgment:
ORDER

Bal Raj Tuli, J.

1. This is a petition under Section 17 of the Companies Act, 1956, for the confirmation of the two special resolutions one of which was passed on October 27, 1972, and the other on December 22, 1972. The first resolution concerns with the change of the registered office of the company from the State of Punjab to the Union Territory of Delhi and the second resolution concerns the addition of two Clauses 10(b) and 10(c) to the objects clause of the memorandum of association of the company. Notices of these petitions were issued to the Registrar of Companies and to Messrs. Steelcrete Private Ltd., Dinshaw Vacha Road, Bombay-20, who is a creditor of the petitioner-company to the extent of Rs. 2,22,509.33. The Registrar of Companies and Messrs. Steelcrete Ltd. have written to say that they do not propose to oppose this petition. In my view, the consolidated petition for the confirmation of two special resolutions passed in two different meetings cannot be made the subject-matter of one and the same petition. Section 17 of the Companies Act, 1956, Rule 38 of the Companies (Court) Rules, 1959, and the prescribed Form No. 11 clearly show that each special resolution has to be made the subject-matter of a distinct petition. This petition for the confirmation of two special resolutions is, therefore, not competent. In this view of the matter the learned counsel confines his petition to the special resolution passed on October 27, 1972.

2. Since there is no opposition to that resolution being confirmed and the shareholders of the company having unanimously resolved to change the registered office of the company from the State of Punjab to the Union Territory of Delhi, I allow this petition and confirm the special resolution passed on October 27, 1972. The memorandum of association shall be accordingly amended and a formal order shall be drawn up. Since there is no opposition to the petition, there is no order as to costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //