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  3. Tuesday, June 13 2017, 06:35 PM
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Two companies
1. XYZ LTD- Active
2. ABC PVT LTD- Active

SRA- Govt Authority Monitoring slums in Mumbai and suburban area

Date wise sequence

1. SRA was float a tender for particular project in march 2015
2. XYZ LTD has participated the bid as they have won the bid because they are in L1 & technical criteria matching
3. The project cost is 1.8 cr
4. The project Duration was 4 Months as per tender document but till date the above company is working, SRA haven’t taken any action due to delayed in project.
5. 21 Sept 2015 XYZ LTD received work order/ purchase order from SRA.
6. 1 Oct 2015 (In just 10 Days after receiving work order/ purchase order) XYZ LTD sent letter to SRA to change in name on work order as ABC PVT LTD
7. They mentioned that both parties had some slump sale of IT division & accordingly the whole responsibility was will carried out by ABC PVT LTD. And contracts which was having XYZ LTD will be carried out by ABC PVT LTD
8. As per their request SRA has changed name on work order/ purchase order as ABC PVT LTDtill date the payment has made ABC PVT LTD.

Both parties have made a notary on 29 Jan 2016
1. Part 1- Undertaking given by Mr.X, Director at XYZ LTD
2. Part 2- Undertaking given by Mr.Y Director at ABC PVT LTD
Now
1. We have an doubt that this above companies have made same thing over all govt authorities where they worked to make technically strong to ABC PVT LTD(It was register 2010 at Kolkatta ROC)
2. If XYZ LTD is working as ltd company – then Board of Directors must pass a resolution to the effect of sale of assets/undertaking of the company as per Section 179
3. They have made same practice of change of name many ULB's
4. If the ABC PVT LTD was having creditable to participate the above tender then why the put XYZ LTD?

Regards
Vishal
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Dr Katta Accepted Answer
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1) Case has to be studied with full further facts and documents since it is having complex intricacies and missing information, require discussion in person.

2) Consult a local experienced, competent, relevant law expert, an intelligent, able Advocate of repute, in person, with full facts, documents and evidences, to explain more elaborate in detail.

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R.K Nanda Accepted Answer
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contact local lawyer.

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