New Delhi, May 4: Bajaj Auto is weighing the option of going to the Supreme Court to stop the Firodias from changing the name of three-wheeler maker Bajaj Tempo to Force Motors.
On Tuesday, Bombay High Court permitted Bajaj Tempo to go ahead and change the name of the company after rejecting a petition filed by Rahul Bajaj-owned Bajaj Auto.
The Bajaj group holds a 24 per cent stake in Abhay Firodia-owned Bajaj Tempo and has been fighting a bid by the Firodias to delete the word ?Bajaj? from the company's name.
The Firodias, who own over 51 per cent of Bajaj Tempo, decided to change the name of the company after DaimlerChrysler ? an erstwhile foreign partner of Bajaj Tempo ? had made a case for a new name on the ground that it owned the brandname ?Tempo? and this could create some confusion over its association with the three-wheeler maker.
Later, DaimlerChrysler snapped its links with Bajaj Tempo but the Firodias decided to go ahead with the rechristening despite the opposition from Rahul Bajaj.
Bajaj Auto sources said the name change had been initiated under section 22 of the Companies Act which merely required shareholders? approval through an ordinary resolution.
However, Bajaj group sources argued that it should have been done under section 21 which would entail the passing of a special resolution.
Section 21 says, ?A company may, by special resolution and with the approval of the central government signified in writing, change its name ? provided that no such approval shall be required where the only change in the name of a company is the addition thereto or, as the case may be, the deletion therefrom, of the word ?private?.?
Special resolutions need to be passed by 75 per cent of the shareholders who turn up to vote. Sources contend that this could have been in doubt given the 24 per cent holding of the Bajaj group.
DaimlerChrysler had signed a technical collaboration with Bajaj Tempo in 2003 to provide technology for common rail diesel engine. Bajaj Tempo is still an important supplier to DaimlerChrysler India for the requirements of Mercedes engines in India.
The government has directed Bajaj Tempo to propose a new name under Section 22 of the Companies Act, 1956, which provides that when the name of a company is identical to a registered trademark, the Union government can direct that company to change its name, by passing an ordinary resolution.
Bajaj Tempo manufactures utility vehicles, three-wheelers, tractors and LCVs. It has also tied up with Maschinefabrik Augsburg Nurnberg (MAN) of Germany to enter the medium and heavy commercial vehicles segment.