9911796707
TMI Blog1994 (3) TMI 409X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 and the authorised preferential shares capital of the company is Rs. 9,00,000.00 divided into 90,000 preferential shares of RS.10.00 each and the paid up preferential capital of the company is only Rs. 8,50,000.00. The petitioner is having 7500 equity shares of value of Rs10.00 each in this company. (3) The company was carrying on the business of manufacturing industrial gases .Another company by the name of M/s. Uttam Air Products Private Limited was already functioning and the petitioner and respondent No. 2 are Directors of that company. Respondents 2 3 are real brothers and are Directors of respondent No. 1 company. The company owns a factory premises at Mandi Gobindgarh, Punjab and admittedly, the petitioner was supervising and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailed out in the petition. It was pleaded that the petitioner is a closely held family concern and as mutual confidence has been long lost amongst its major share-holders, it is, thus, just and equitable that this company should be wound up. (5) The respondents have contested the petition and have pleaded that it is due to the mismanagement of the factory of the company by the petitioner himself that the business of the company had come to a stand-still. It is averred that a large number of criminal and civil cases have been filed against the petitioner and his associates which are still pending. It is alleged that the petitioner had sold away and misappropriated precious property of the company i.e. imported cylinders and necessary lega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the substratum of the company had gone, the Court directed that it is a fit case for winding up. I do not understand how this judgment is of any help to the respondent .In the present case also, the respondent No. 1 has not been able to carryon any business since 1988 and despite taking heavy loan from the sister company, the respondents have not been able to revive the company. The respondents have not disclosed any future plans from which it could become apparent, pnma facie, that business of this company can be revived. (8) He has then placed reliance on Smt. Mridula Bhaskar v. Ishwar Industries Ltd., 1985 (58) Comp Cas 442. In the said case, it appears that the company had been revived during the pendency of the proceedings and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpany. It appears that only one transaction of import of some cloves has been undertaken by the company from which the company had earned profit, so it cannot be said that on that ground the company is liable to be wound up. (11) However, in view of discussion above, this petition is liable to be admitted on the ground that the business of the company has come to a stand-still for the last six years and prima facie, there appears to be very little possibility of the business being revived. So,' I direct that the petition be admitted and the citations be published in the Newspapers 'Statesman', 'Navbharat Times' and Delhi Gazette. The matter be listed for further proceedings in Court on 8/08/1994. (12) For hearing a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in which the various features are harmonized with other of them, may give rise to a claim of the label being artistically made, and actually being so, and, thus, by itself being copyrightable matter. (Para 45)(ii) Passing off-Compare the whole labels - Similarities - Defendant wished to make its label a close approx mareputation-Especially sotion of the label of the plaintiff -Likelihood of deception-Would lead to erosion of the reputation-Especially so in. the case of potable products which cannot bear a mark and only their containers can have label - Glen Fiddich whisky -Existed prior in time - Whether entitled to protection of reputation? - (Yes).Held: In view of what I have stated above, I think that in cases of trans-border reputati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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