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1998 (2) TMI 463

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..... Promoters (P.) Ltd. respectively. All the said three respondents Inter alia having their Registered Office at No. 3, Saheed Nityananda Saha Sarani, Calcutta. The dispute is with regard to the use of the word 'Kalpana' by the writ petitioner which was being used earlier by the respondent Nos. 4, 5 and 6. It is the fact that the director of the writ petitioner Shantilal Dugar was also at one point of time related with the said Kalpana Industries Ltd. and/or the respondent Nos. 4, 5 and 6 in the writ application. It also appeared that a Suit has already been filed by the respondent Nos. 4, 5 and 6 in this matter. 3. On or about 25-11-1997, Kalpana Plastics (P.) Ltd. started a proprietor-ship Firm by one Mahendra Kumar Surana. Thereaft .....

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..... , a name which is identical with, or too nearly resembles, the name by which a company in existence has been previously registered, may be deemed to be undesirable by the Central Government within the meaning of sub-section (1)." 5A. Section 22 provides as follows : " Rectification of name of company (1) If, through inadvertence or otherwise, a company on its first registration or on its registration by a new name, is registered by a name which, in the opinion of the Central Government, is identical with, or too nearly resembles, the name by which a company in existence has been previously registered, whether under this Act or any previous companies law, the first-mentioned company ( a )may, by ordinary resolution and with the previ .....

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..... previous approval of the Central Government signified in writing, change its name or new name within a period of three months from the date of the direction or such larger period as the Central Government may think fit to allow. It appears that Kalpana Polytec was registered on 15-11-1996 and despite the fact that and whereas the respondent No. 4, Kalpana Industries Ltd. was incorporated in the year 1985. Mr. Banerjee submitted that: 7. The salient features arising out of the said order passed purportedly under section 22 of the Act, are briefly as follows:- ( i )Kalpana Industries Ltd. and Kalpana Polytec India Ltd. are two companies registered under the provisions of the Companies Act of 1956. ( ii )Both the said companies are i .....

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..... tter under article 226. He further submitted that the con- cerned authority has acted within the four corner of the statute and there is no violation of the principles of natural justice. In support of his contention he relied upon Tata Cellular v. Union of India [1994] (6) SCC 651 and Haryana Urban Development Authority v. Roochira Ceramics [1966] 6 SCC 584. He further submitted that no irregularity has been alleged by the writ petitioner in the writ application. They neither have made any complaint in the writ petition regarding the violation of natural justice and as such he submitted that this writ Court should not interfere in this matter. 10. Considering the facts and circumstances of this case I am of the opinion that all .....

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