Dipak Kumar Sen, J. - (1.) Fibre Glass Pilkington Ltd., the respondent in this appeal, is a company incorporated under the Companies Act, 1956. By a special resolution, passed prior to April 15, 1982, the respondent changed its name to F.G.P. Ltd. The change was duly approved by the Central Government, This was recorded in a letter of the Regional Director, Company Law Board, Western Region, Bombay, dated April 15, 1982. A fresh certificate of incorporation recording the change of name of the respondent was issued by the Additional Registrar of Companies, Maharashtra, Bombay on April 15, 1982.
(2.) On or about November 22, 1982, the respondent filed a suit in this court marked Suit No. 874 of 1982 against Pioneer Protective Glass Fibre P. Ltd., the appellant, for price of goods sold and delivered to the appellant claiming, inter alia, Rs. 1,40,098.32 ; Rs. 75,654 on account of interest accrued; further interest and costs. In the cause title of the plaint filed in the suit, the respondent was described in its previous name, viz., Fibre Glass Pilkington Limited.
(3.) After the appellant entered appearance in the suit, the respondent on April 4, 1983, applied under Chapter XIIIA of the Rules of the Original Side of this court for final judgment.;