Gujarat High Court
Sahajanand Technologies Private ... vs Regional Director - North Western ... on 4 July, 2014
Author: Akil Kureshi
Bench: Akil Kureshi, Mohinder Pal
C/LPA/428/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 428 of 2014
In SPECIAL CIVIL APPLICATION NO. 3994 of 2013
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SAHAJANAND TECHNOLOGIES PRIVATE LIMITED....Appellant(s)
Versus
REGIONAL DIRECTOR - NORTH WESTERN REGION - MINISTRY OF &
2....Respondent(s)
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Appearance:
MR DHAVAL SHAH, ADVOCATE for the Appellant(s) No. 1
NANAVATI ASSOCIATES, ADVOCATE for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE MOHINDER PAL
Date : 04/07/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) The appellant has challenged the judgement of the learned Single Judge rejecting the petition. In the writ petition, the appellant had challenged the decision of Regional Director of North Western Region, Ahmedabad dated 25.10.2012 in application under section 22 of the Companies Act, 1956 objecting to the respondent herein using the name "Sahajanand Laser Technology Private Limited" for its company. The Regional Director held that the application cannot be decided at this stage on the ground that such matter is subjudice. Same was accordingly rejected. The Regional Director was of the opinion Page 1 of 2 C/LPA/428/2014 ORDER that since trademark proceedings between the parties have given rise to multiple Court cases, some of which pending before this Court, the application of the petitioner under section 22 of the Companies Act cannot be decided.
Learned counsel Shri Surya Narayan for the appellant submitted that trade mark proceedings and proceedings under section 22 of the Companies Act are distinct and separate. Outcome of the pending proceedings under the Trade Mark Act can have no bearing on the petitioner's application under section 22 of the Companies Act.
Issue requires consideration. Appeal is therefore, admitted and shall be placed for final hearing on 6.8.2014. Shri Nanavati waived notice of admission on behalf of the respondent.
(AKIL KURESHI, J.) (MOHINDER PAL, J.) raghu Page 2 of 2