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TMI Blog2010 (5) TMI 400X X X X Extracts X X X X X X X X Extracts X X X X ..... hiba from its present name. True, the Registrar of Companies had raised a contention that allowing deletion applied for presently will prejudice the ongoing litigations initiated by the Official Liquidator but importantly such a contention is not shared by the Official Liquidator who figures as plaintiff in these litigations. We are convinced on the materials available that the word "Toshiba" is the tradename and trademark of the respondent/company and they are justified in insisting that their name should not continue in the name of a company which is on the verge of dissolution. Appeal fails. - COMPANY APPEAL NO. 19 OF 2010 - - - Dated:- 20-5-2010 - PIUS C. KURIAKOSE AND C.K. ABDUL REHIM, JJ. Mohan Jacob George for the Petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led a counter statement wherein what is contended is only that subsequent to the registration of TABL the said company has functioned in the name TABL alone and is ordered to be wound up in the name of TABL. The winding up proceedings are still continuing and order of dissolution is yet to be passed. It is also stated that TABL is not presently functioning and no production or other activities are being undertaken thereby suggesting that no prejudice will be caused to Toshiba by allowing the name to continue till such time as dissolution orders are passed. The Registrar of Companies apart from endorsing the contentions raised by the Official Liquidator contended that any attempt to change the name of the company would adversely affect the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o certain assets of the company. According to the learned Judge, even though technically it may be plausible to project the chances of revival before dissolution, the reality as discernible from the materials available on record is that dissolution is inevitable. On the above reason, the learned Judge found that the request is justifiable and hence, allowed the application. 5. Mr. M. Pathrose Matthai, senior counsel for the appellant and Mr. Ciccu Mukhopadhaya, the learned counsel for the respondent addressed us extensively. Sri Pathrose Matthai, the learned senior counsel would draw our attention to section 481 of the Companies Act and submit that in the eyes of law a company will continue to exist notwithstanding winding up order till ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Ambica Mills Ltd. In re [1986] 59 Comp. Cas. 368 (Guj.). 6. Mr. Ciccu Mukhopadhaya, the learned counsel for the respondent would support the impugned judgment. The learned counsel submitted that it is not disputed by anybody that TABL has become a non-operating company. The claim of the respondent that Toshiba is virtually the trade-name and trade-mark of the respondent is also not disputed by anybody. Section 21 cannot have application to the present case where it is not the company in liquidation which wants change of name. Mr.Ciccu Mukhopadhaya referred to section 20(2) and submitted that if an application for registration were to be made by the TABL presently, the application would not be granted since the same will be found t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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