Our Companies has been de-merged (divide) through the NCLT Court order into two separate companies with different name. But the problem is that Factories Inspectorate has refused to transfer the license of our factories saying that he need Certificate of incorporation in which it is written that the name if this factory has been changed say from "A" to "B". However we have submit our court order but they are not being convinced. Earlier we had one CIN of parent company now we have 2 separate CIN of resulting company number 1 and resulting Company Number 2. Then how Ministry of Corporate affairs issue new CIN mentioning that the company name has been changed.
Factories Inspector is saying that court has given judgment on the basis of companies act 2013 but our department follow factories act 1948. Kindly suggest there is any link between factories act 1948 and companies act 2013 so that I can convince him.
From India, Anand
factories act does not allow to split, but you can request to modify the one company by submitting a fresh ground plan of one unit, and have to apply for the second unit as a fresh one
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