Ghose, J. -
(1.)This appeal is directed against the judgment and order dated November 16, 1971, passed by the court of first instance (see  43 Comp. Cas. 162), refusing to confirm a special resolution passed by the petitioner-company at an extraordinary general meeting of the members of the petitioner-company held on May 30, 1970, at No. 10, Ring Road, Lajpat Nagar IV, New Delhi-24, resolving to remove the registered office of the company from No. 10, Camac Street, Calcutta, to the said No. 10, Ring Road, New Delhi, under Section 17 of the Companies Act, 1956.
(2.)The petitioner, Bharat Commerce & Industries Ltd., hereinafter referred to as the company, was originally incorporated under the name of Bharat Airways Ltd. on or about August 11, 1945. Upon the nationalisation of the scheduled passenger traffic by air, the name of the company was changed to Bharat Commerce & Industries Ltd. with effect from January 4, 1956. The present registered office of the company is situated at No. 10, Camac Street, Calcutta, within the original jurisdiction of this court.
(3.)The authorised share capital of the company is Rs. 5,00,00,000 divided into 25,00,000 equity shares of Rs. 10 each and 2,50,000 preference shares of Rs. 100 each. The issued and subscribed share capital of the company is Rs. 1,50,00,000 divided into 10,00,000 equity shares of Rs. 10 each, 30,000 9% redeemable cumulative preference shares of Rs. 100 each and 20,000 9.3% second redeemable cumulative preference shares of Rs. 100 each. All the aforesaid shares are fully paid up.