Vaibhav Soni

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  • Sir this was a masterpiece in making the situation crystal clear and I think there remains no doubt at all as far as the issue of deed of assignment is concerned.
    But this explanation has led me a further query to the statement made by you that the lesee company remains same both before and after the merger. My query is regarding the post merger scenario and more specifically it is that whether the share holding pattern post merger would never affect position of the transferee company as a lessee.This query is because you have referred that irrespective of the shareholding pattern the transferee situaiton as lessee is same. In this regard please peruse Civil Appeal No.2 731 of 2005 UP State industrial Dev corpv. Monsanto manufacturers of supreme court which specificall deals with the change of hands of a comapny by change in the shareholding patten of companies post merger.

    Sir the case cited by you was quite enlightening however issue in my question is a little bit different from the situation of the cited case as in the referred by me the lessee company has not gone into merger with other company rather some other company has merged into the lessee company and thereafter as a consequence of a condition of scheme of amalgamation, lessee company has changed its name through registrar of companies into the name of the company merging with the lessee company. Now whether in such a situation whether deed of assignment of lease hold rights is required to f executed or not?

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