BHARAT COMMERCE AND INDUSTRIES LTD Vs. REGISTRAR OF COMPANIES
LAWS(CAL)-1972-4-2
HIGH COURT OF CALCUTTA
Decided on
April 28,1972
BHARAT COMMERCE AND INDUSTRIES LTD.
Appellant
VERSUS
REGISTRAR OF COMPANIES
Respondents
Referred Judgements :-
MAYOR,ALDERMEN AND BURGESSES OF THE BOROUGH OF BRADFORD V. PICKLES [REFERRED TO]SALOMON AND CO. LTD. V. ARON SALOMON [REFERRED TO]
FRED E.EDWARDS V. PEOPLE OF THE STATE OF CALIFORNIA [REFERRED TO]
JEWISH COLONIAL BANK LTD. [REFERRED TO]
WESTBURN SUGAR REFINERIES LTD. [REFERRED TO]
POOLE V. NATIONAL BANK OF CHINA LTD. [REFERRED TO]
EDWARD TELTILES LTD. [REFERRED TO]
INDIAN ALUMINIUM CO. LTD. [REFERRED TO]
NDIAN IRON AND STEEL CO. LTD. [REFERRED TO]
SEKSARIA COTTON MILLS LTD. [REFERRED TO]
RIVER STEAM NAVIGATION CO. LD. [REFERRED TO]
STANDARD GENERAL ASSURANCE CO LTD VS. STATE [REFERRED TO]
MACKINNON MACKENZIE AND CO PVT LTD VS. STATE [REFERRED TO]
RANK FILM DISTRIBUTORS OF INDIA LTD VS. REGISTRAR OF COMPANIES WEST BENGAL [REFERRED TO]
ORIENT PAPER MILLS VS. STATE [REFERRED TO]
ORISSA CHEMICALS AND DISTILLERIES PRIVATE LTD VS. STATE [REFERRED TO]
JUDGEMENT
Ghose, J. -
(1.)This appeal is directed against the judgment and order dated November 16, 1971, passed by the court of first instance (see [1973] 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.
(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.
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