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2019 Supreme(Del) 2422

PRATHIBA M.SINGH
Bhagwan Das Khanna Jewellers Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Respondents: Mr. Deepak Biswas, Ms. Shilpa Gamnani, Ms. Tanya Gupta.

JUDGMENT :

PRATHIBA M. SINGH, J.

1. The present petition has been filed challenging the order dated 5th July, 2011, passed by the Regional Director, Northern Region, Ministry of Corporate Affairs, Noida (hereinafter, “Regional Director”) by which the Petitioner-M/s Bhagwan Das Khanna Jewellers Pvt. Ltd. was directed to change its name within three months from the date of the order. The operative portion of the said order reads as under:

    “11. NOW THEREFORE in exercise of the powers conferred on me by Clause (b) of sub-section of Section 22 of the Companies Act, 1956 r.w. the Govt. of India, Ministry of Industry Department of Company Affairs, Notification No. GSR 288(E) dated 31.5.1991. I hereby direct that M/s. Bhagwan Das Khanna Jewellers Private Limited, the respondent company to change its name as per the procedure under the Companies Act within three months from the date of this directions.”

2. The petition was initially listed on 4th November, 2011, on which date the impugned order passed by the Regional Director was stayed. The said order read as under:

    “....Issue notice. Notice is accepted by learned counsel on behalf of the respondents. Reply, if any, be filed within four weeks.

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