Interlocutory application in a pending writ petition seeking substitution of petitioner no. 3's name from Ruchi Soya Industries Limited to Patanjali Foods Limited following a Registrar of Companies certificate. The court allowed the application and permitted the name change.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/6
GAHC010187092024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/2780/2024 in WP(C)/3311/2015
PATANJALI FOODS LTD,
(FORMERLY KNOWN AS RUCHI SOYA INDUSTRIES LIMITED), HAVING ITS HEAD OFFICE AT PART B-2, METRO TOWER, 6TH FLOOR, VIJAY NAGAR, A.B. ROAD, INDORE-452010, AND IS REPRESENTED BY ITS AUTHORISED SIGNATORY SRI ZAKIR ALI, AGE 53 YEARS, S/O LATE MAINA ALI, R/O ATHGAON SONESWAR ROAD, NEAR KUSUMPUR PRATHAMIK VIDYALAYA, KHUDRASESA, KHUDRA SESA, KAMRUP, ASSAM-781380
VERSUS
M/S CENTURY MERCHANTILE PVT LTD AND 20 ORS
M/S CENTURY MERCANTILE PVT. LTD., A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT BAJORIA COMPLEX, 1ST FLOOR, T.R. PHOOKAN ROAD, FANCY BAZAR, GUWAHATI- 781012, ASSAM AND IS REPRESENTED BY ITS MANAGING DIRECTOR, SHRI PRAKASH CHAND KABRA, SON OF LATE RAM KARAN KABRA RESIDENT OF KABRA BHAWAN, B.R. PHOOKAN ROAD, GUWAHATI IN THE DISTRICT OF KAMRUP, ASSAM.
2:M/S CTA LOGISTICS LTD.
A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT A.T. ROAD BHARALUMUKH GUWAHATI -781009 AND ITS HEAD OFFICE AT 5G CRESCENT TOWER 229 AJC BOSE ROAD KOLKATA AND IS REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE SHRI KANHAIYA LAL BOTHRA SON OF LATE BHANWAR LAL BOTHRA
Page No.# 2/6
RESIDENT OF A.T. ROAD BHARALUMUKH GUWAHATI IN THE DISTRICT OF KAMRUP ASSAM.
3:M/S GAUHATI ROLLER FLOUR MILLS
A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AND ITS HEAD OFFICE AT G.S. ROAD P.O. DISPUR GUWAHATI -781005 AND IS REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE SHRI AJIT BAJNI.
4:M/S BRIJHORA ROLLER FLOUR MILLS PVT. LTD.
A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AND ITS HEAD OFFICE AT G.S. ROAD P.O. DISPUR GUWAHATI-781005 AND IS REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE SHRI AJIT BAJNI.
5:SHREE GANESH FLOUR MILLS A UNIT OF ITYADI INDIA PVT. LTD.
A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AND ITS HEAD OFFICE AT BYE LANE NO. 2 INDUSTRIAL ESTATE BAMUNIMAIDAN GUWAHATI- 781021.
6:M/S PURBANCHAL ENTERPRISES
A REGISTERED PARTNERSHIP CONCERN HAVING ITS OFFICE AT S.N. MOUR MARKET T.R.P. ROAD FANCY BAZAR GUWAHATI- 781001 IN THE DISTRICT OF KAMRUP ASSAM AND IS REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE SRI NIRMAL KUMAR JAIN.
Page No.# 3/6
7:BRAHMAPUTRA FLOUR MILLS
A REGISTERED PARTNERSHIP CONCERN HAVING ITS OFFICE AT NOONMATI GUWAHATI -781020 IN THE DISTRICT OF KAMRUP ASSAM AND IS REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE SRI PRABHU DAYAL SHARMA.
8:RAJASTHAN FOOD GRAIN STORE
A REGISTERED PARTNERSHIP CONCERN HAVING ITS OFFICE AT BARA BAZAR SHILLONG AND IS REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE SRI PANALALJILUNIA.
9:M/S MANDAL AND BROTHERS
A REGISTERED PARTNERSHIP CONCERN HAVING ITS OFFICE AT RADHARANI MARKET T.R.P. ROAD FANCY BAZAR GUWAHATI -781001 ASSAM AND ITS HEAD OFFICE AT 5N BIDHAN NAGAR ROAD ULTADANGE KOLKATA WEST BENGAL AND IS REPRESENTED BY ITS DULY AUTHORIZED PARTNER SRI NABA KUMAR MANDAL.
10:SHREE MAHALAXMI MILLS
A REGISTERED PARTNERSHIP CONCERN HAVING ITS HEAD OFFICE AND REGISTERED OFFICE AT M.G. ROAD FANCY BAZAR GUWAHATI - 781001 AND IS REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE SRI AJAY KUMAR DHANUKA.
11:CHORADIA AND SONS
A PROPRIETORSHIP CONCERN HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT B-7 H.M. MARKET T.R.P. ROAD
Page No.# 4/6
FANCY BAZAR GUWAHATI ASSAM AND IS REPRESENTED BY ITS PROPRIETOR SHRI KAMAL CHORADIA.
12:KARIMGANJ SARAOGI TRADING CO.
A PROPRIETORSHIP CONCERN HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT EAST MARKET KARIMGANJ ASSAM AND IS REPRESENTED BY ITS PROPRIETOR SHRI AJAY KUMAR JAIN.
13:S.S. ENTERPRISES
A PROPRIETORSHIP CONCERN
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT OLD DHANUKA BUILDING T.R.P. ROAD FANCY BAZAR GUWAHATI -781001 ASSAM AND IS REPRESENTED BY ITS PROPRIETOR SHRI SURYA PRAKASH AGARWAL.
14:GANGH AND SONS
A PROPRIETORSHIP CONCERN HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT T.R.P. ROAD FANCY BAZAR GUWAHATI- 781001 ASSAM AND IS REPRESENTED BY ITS PROPRIETOR SHRI BHUSHAN KUMAR JAIN.
15:M/S C.S. ENTERPRISES
A PROPRIETORSHIP CONCERN HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 2ND FLOOR RADHA RANI MARKET T.R.P. ROAD FANCY BAZAR GUWAHATI -781001 ASSAM AND IS REPRESENTED BY ITS PROPRIETOR SHRI SITARAM BIHANI.
16:VIKASH TRADING CO.
A PROPRIETORSHIP CONCERN HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT RADHA RANI
Page No.# 5/6
MARKET T.R.P. ROAD FANCY BAZAR GUWAHATI 781001 ASSAM AND IS REPRESENTED BY ITS PROPRIETOR SHRI PARAM HANSH PANDEY.
17:LAXMINARAYAN AJIT KUMAR JAIN
A HUF HAVING ITS REGISTERED OFFICE AT R. NO. 7 1ST FLOOR H.M. MARKET T.R.P. ROAD FANCY BAZAR GUWAHATI ASSAM AND ITS HEAD OFFICE AT EAST MARKET KARIMGANJ ASSAM AND IS REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE SHRI AJAY KUMAR JAIN.
18:THE UNION OF INDIA
MINISTRY OF RAILWAYS RAILWAY BOARD REPRESENTED BY ITS SECRETARY RAIL BHAWAN NEW DELHI.
19:THE CHIEF COMMERCIAL MANAGER NORTH EASTERN FRONTIER RAILWAY P.O. MALIGAON GUWAHATI-11. 20:THE SENIOR DIVISIONAL COMMERCIAL MANAGER LUMDING.
21:THE COMMERCIAL SUPERVISOR (GOODS)
NORTHEAST FRONTIER RAILWAY NEW GUWAHATI ASSAM
Advocate for the Petitioner : MR G N SAHEWALLA, MR H K SARMA,MS T J SAHEWALLA,MR M SAHEWALLA,MR G N SAHEWALLA
Advocate for the Respondent : DR. B N GOGOI,
Page No.# 6/6
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
10.09.2024.
Heard Shri GN Sahewalla, learned Senior Counsel assisted by Ms. TJ Sahewalla, learned counsel for the applicant-petitioner no. 3, who by means of this application has sought for a change of name of the petitioner no. 3.
It is submitted that the petitioner no. 3 was named as Ruchi Soya Industries Limited. However, during the pendency of this case, vide a certificate issued by the Registrar of Companies, Mumbai, dated 24.06.2022, the name of the petitioner no. 3 has been changed to Patanjali Foods Limited.
Also heard Shri BN Gogoi, learned Standing Counsel, Railways who submits that he does not have any serious objection to the prayer made in the application.
This Court has examined the aforesaid certificate issue by the RoC, Mumbai indicating the change of name.
After consideration, the interlocutory application is allowed and the name of the petitioner no. 3 is allowed to be replaced by the new name, viz, Patanjali Foods Limited.
Interlocutory application accordingly stands disposed of.
JUDGE
Comparing Assistant
Patanjali Foods Ltd (formerly Ruchi Soya Industries Limited)
M/s Century Mercantile Pvt Ltd
M/s CTA Logistics Ltd
M/s Gauhati Roller Flour Mills
The Union of India, Ministry of Railways
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
