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2004 Supreme(Mad) 136

N.KANNADASAN
K. C. Palanisamy – Appellant
Versus
The Registrar of Firms – Respondent


Advocates Appeared:For The Petitioner:Elizabeth Seshadri for Iyer and Thom, Advocates. For The Respondent: N.G.Kalaiselvi, Special Govt. Pleader.

Judgment :-

By consent of parties, the writ petition itself is taken for final hearing.

2. The petitioner is the Managing Partner of a registered firm by name M/s.United Builders Consultants (hereinafter referred to as the firm). He has been carrying on the business of promoters of real estate properties for past 15 years. Initially, the partners of the firm intended to register the firm as a Company under the provisions of The Companies Act, 1956. It appears that an agreement has been entered into by the partners for such conversion. On 24.7.2002, the partners of the firm had applied to the Registrar of Companies, Coimbatore, for registering the firm as a Company under the name and style of United Hi-Tech Builders (Coimbatore) Private Limited. However, the partners were informed that they were entitled to get the existing name of the firm with just the words 'Private Limited' added to it. They were further informed that in the event of incorporation of the Company under a changed name they must take steps to change the name of the firm. Under the said circumstances, the firm intended to register a change in the name of the partnership firm and necessary application was submitted be












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