9911796707
TMI Blog2003 (4) TMI 465X X X X Extracts X X X X X X X X Extracts X X X X ..... nd deal in movies apart from others which are identical. The second respondent-company produced a Hindi movie titled as Sholay . That was released on August 15, 1975. According to the second respondent, though it had produced some of the most memorable movies in Indian Cinema like Shaan, Brahmachari, Andaz, Saagar , etc., and even a famous television serial by name Buniyad , the film Sholay is a major blockbuster motion picture, which was turned to become one of the most successful and renowned Indian films ever. It earns the international name not only in cine field but also other fields like trades. The name Sholay is unique and thereby the second respondent has come to be distinctly identified with the popular name Sholay on acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order dated December 20, 2000, with further direction to the petitioner-company to delete the word Sholay from its existing name and change to some other prefix within a period of three months from the date of the order." The above order of the first respondent is challenged in this writ petition. Though both learned counsel for the petitioner and the respondents elaborately argued on the merits of the case as to whether the second respondent, who has not registered the name Sholay as a company, could maintain an application before the first respondent, seeking for a direction to delete the name and cited several authorities on this aspect, I am not inclined to go into those submissions as the writ petition could be disposed of on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in support of the petition, it is specifically stated that the petitioner-company was incorporated in the name and style of "Sholay.Com Pvt. Limited" on December 21, 1999, on which date the name "Sholay" was not registered by the second respondent. Even as on date, only applications are pending with the Registrar of Companies from the second respondent to register the name "Sholay". By virtue of the incorporation, the petitioner is doing the business under the said registered name in designing, developing and manufacturing computer software and also marketing the same in India and abroad. While that be so, an application appears to have been filed by the second respondent before the first respondent. Though, it is claimed that a notice d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11, 2000, was also received from the Registrar of Companies. Thereafter, only, the first respondent claims to have communicated a copy of the application to the writ petitioner on October 23, 2000. Though such a copy is found at page 192 of the file and the seal for despatch of the said letter is also made, I do not find any corresponding acknowledgement of the said letter from the writ petitioner. Subsequently, it is the claim of the first respondent that notice for appearance was issued on December 4, 2000. Here again, I do not find any acknowledgement of the said notice from the writ petitioner. At page 187 of the file, along with the copy of the notice dated December 4, 2000, I find only a transmission report evidencing of the posting o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as such we were not able to comply with your requisition. Therefore, without prejudice to our rights we kindly request you to fix an appropriate date and intimate us in advance and further request you to provide us with necessary material/papers if any have been submitted by the applicant i.e., M/s. Sippy Films Pvt. Ltd. enabling us to appear before you with necessary papers in support of our case. Thanking you, Yours truly, for Sholay.Com Pvt. Ltd. (Sd.) Director." 7. From the above letter and the stand taken by the petitioner coupled with the absence of acknowledgement of the letter dated October 23, 2000, and December 4, 2000, of the respondent, I have no hesitation to hold that the notice said to have despatched by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accrued on the petitioner, by virtue of the incorporation of the company and consequentially its trade. 10. Hence, in my considered view, in the absence of a reasonable opportunity to defend the application filed by the second respondent seeking for a direction under section 22 of the Companies Act, the impugned order is liable to be set aside. Accordingly, the impugned order is set aside solely on the ground of violation of the principles of natural justice. The first respondent is directed to hold the enquiry on May 5, 2003, commencing from 10.00 a.m. and if necessary on a further date fixed by him, duly intimate to either parties and pass orders on the merits of the case after hearing both the petitioner and the second respondent. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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