SABYASACHI MUKHARJI, J.

( 1 ) THIS is an application by Bareilly Electricity Supply Co. Ltd. , filed on the 18th January, 1977, challenging the award dated the 28th September, 1974.

( 2 ) BEFORE I go to the merits of the rival contentions of the parties it has to be mentioned that a preliminary objection was taken as to the maintainability of this application. It was contended that on the 19th January, 1977, the name of the petitioner Company was changed into Bareilly Holdings Limited. Therefore, the petitioner, it was urged, was not entitled to continue the present proceeding in this form and name. As would appear from what is stated above, when the application was made it was a competent application because the change in the name had not taken place at that time. The change took place subsequently. Therefore, in view of the provisions of Section 23 (3) of the Companies Act, 1956 and the facts and circumstances of this case, in my opinion, it would be proper to allow the prayer, on the oral application of Counsel for the petitioner, to change the name of the petitioner to Bareilly Holdings Limited. I, therefore, direct that the name of the petitioner be changed in the records of

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