Jharkhand High Court
State Of Jharkhand Through Chief ... vs Texmaco Limited on 20 June, 2022
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No.105 of 2003
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State of Jharkhand through Chief Engineer, Singhbhum East, Jharkhand & Another .... .... .... Appellant Versus TEXMACO Limited .... .... .... Respondent With M.A. No.106 of 2003
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State of Jharkhand through Chief Engineer, Singhbhum East, Jharkhand & Another .... .... .... Appellant Versus TEXMACO Limited .... .... .... Respondent With M.A. No.107 of 2003
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State of Jharkhand through Chief Engineer, Singhbhum East, Jharkhand & Another .... .... .... Appellant Versus TEXMACO Limited .... .... .... Respondent
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Appellants : Mr. Manoj Kr., JC to SCL and C For the Respondents : Mr. Praveen Akhouri, (SC Mines I) Mr. Rakesh Kr. Shahi, Advocate Sunil Kr. Mahato, Advocate
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Order No.09 Dated- 20/06/2022 I.A. No.5019 of 2022 in M.A. No.105 of 2003 Heard the parties.
2. Learned counsel for the respondents submits that this interlocutory application has been filed with a prayer to change the name of respondent in the cause-title of the appeal memo from Texmaco Limited to Texmaco Rail & Engineering Limited.
3. It is next submitted that during the pendency of the appeal all properties, assets, right and liabilities, benefits of all contracts and agreements of Texmaco Limited have been vested with Texmaco Rail & Engineering Limited (TREL). In this respect, learned counsel for the respondents draws the attention of this Court towards the copy of the order passed by the Hon'ble High Court at Calcutta in Company Petition No.319 of 2010 connected with Company Application No.375 of 2010. Hence, it is submitted that in view of said vesting of all properties, rights and liabilities of Texmaco Limited with effect from 1st April, 2010, the name of Texmaco Limited, Angar Para, Calcutta-700056 be constituted with Texmaco Rail & Engineering Limited (TREL), P.O.- Belgharia, P.S. Belgharia, Kolkata-700056, District North 24 Parganas, West Bengal.
4. Learned counsel for the appellant has no serious objection to the prayer.
5. Considering the aforesaid facts the prayer to change the name of the sole respondent of the appeal as prayed for is allowed. Registry is directed to substitute the name of Texmaco Limited, Angar Para, Calcutta-700056 as Texmaco Rail & Engineering Limited (TREL), P.O.- Belgharia, P.S. Belgharia, Kolkata-700056, District North 24 Parganas, West Bengal and to mention the word 'Earlier known as Texmaco Limited, Angar Para, Calcutta-700056, after the description of the details of the respondent- with red ink in the cause title of the appeal memo.
6. This interlocutory application stand allowed.
(Anil Kumar Choudhary, J.) I.A. No.5018 of 2022 in M.A. No.106 of 2003 Heard the Parties.
2. Learned counsel for the respondents submits that this interlocutory application has been filed with a prayer to change the name of respondent in the cause-title of the appeal memo from Texmaco Limited to Texmaco Rail & Engineering Limited.
3. It is next submitted that during the pendency of the appeal all properties, assets, right and liabilities, benefits of all contracts and agreements of Texmaco Limited have been vested with Texmaco Rail & Engineering Limited (TREL). In this respect, learned counsel for the respondents draws the attention of this Court towards the copy of the order passed by the Hon'ble High Court at Calcutta in Company Petition No.319 of 2010 connected with Company Application No.375 of 2010. Hence, it is submitted that in view of said vesting of all properties, rights and liabilities of Texmaco Limited with effect from 1st April, 2010, the name of Texmaco Limited, Angar Para, Calcutta-700056 be constituted with Texmaco Rail & Engineering Limited (TREL), P.O.- Belgharia, P.S. Belgharia, Kolkata-700056, District North 24 Parganas, West Bengal.
4. Learned counsel for the appellant has no serious objection to the prayer.
5. Considering the aforesaid facts the prayer to change the name of the sole respondent of the appeal as prayed for is allowed. Registry is directed to substitute the name of Texmaco Limited, Angar Para, Calcutta-700056 as Texmaco Rail & Engineering Limited (TREL), P.O.- Belgharia, P.S. Belgharia, Kolkata-700056, District North 24 Parganas, West Bengal and to mention the word 'Earlier known as Texmaco Limited, Angar Para, Calcutta-700056, after the description of the details of the respondent- with red ink in the cause title of the appeal memo.
6. This interlocutory application stand allowed.
(Anil Kumar Choudhary, J.) I.A. No.5020 of 2022 in M.A. No.107 of 2003 Heard the Parties.
2. Learned counsel for the respondents submits that this interlocutory application has been filed with a prayer to change the name of respondent in the cause-title of the appeal memo from Texmaco Limited to Texmaco Rail & Engineering Limited.
3. It is next submitted that during the pendency of the appeal all properties, assets, right and liabilities, benefits of all contracts and agreements of Texmaco Limited have been vested with Texmaco Rail & Engineering Limited (TREL). In this respect, learned counsel for the respondents draws the attention of this Court towards the copy of the order passed by the Hon'ble High Court at Calcutta in Company Petition No.319 of 2010 connected with Company Application No.375 of 2010. Hence, it is submitted that in view of said vesting of all properties, rights and liabilities of Texmaco Limited with effect from 1st April, 2010, the name of Texmaco Limited, Angar Para, Calcutta-700056 be constituted with Texmaco Rail & Engineering Limited (TREL), P.O.- Belgharia, P.S. Belgharia, Kolkata-700056, District North 24 Parganas, West Bengal.
4. Learned counsel for the appellant has no serious objection to the prayer.
5. Considering the aforesaid facts the prayer to change the name of the sole respondent of the appeal as prayed for is allowed. Registry is directed to substitute the name of Texmaco Limited, Angar Para, Calcutta-700056 as Texmaco Rail & Engineering Limited (TREL), P.O.- Belgharia, P.S. Belgharia, Kolkata-700056, District North 24 Parganas, West Bengal and to mention the word 'Earlier known as Texmaco Limited, Angar Para, Calcutta-700056, after the description of the details of the respondent- with red ink in the cause title of the appeal memo.
6. This interlocutory application stand allowed.
(Anil Kumar Choudhary, J.) M.A. No.105 of 2003 with M.A. No.106 of 2003 with M.A. No.107 of 2003 Learned counsel for the appellants prays for time for hearing of these appeals.
Prayer for time is allowed as the last chance. List these appeals after six weeks.
Animesh/ (Anil Kumar Choudhary, J.)