Navigating Factory License Transfer After Company Split: How to Align Legal Acts?

parwez-alam
Dear Sir, Our company has been de-merged (divided) through the NCLT Court order into two separate companies with different names. The problem we are facing is that the Factories Inspectorate has refused to transfer the license of our factories, stating that they need a Certificate of Incorporation indicating the change in the factory name from "A" to "B". Despite submitting our court order, they remain unconvinced. Previously, we had one CIN for the parent company; now we have two separate CINs for Resulting Company Number 1 and Resulting Company Number 2. How can the Ministry of Corporate Affairs issue a new CIN reflecting the company name change?

The Factories Inspector is pointing out that the court's judgment was based on the Companies Act 2013, while our department adheres to the Factories Act 1948. Could you please advise if there is any connection between the Factories Act 1948 and the Companies Act 2013 that I can use to persuade him?

Thank you.
Glidor
The Factories Act does not allow for splitting, but you can request to modify one company by submitting a fresh ground plan for one unit. You will have to apply for the second unit as a fresh entity.
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