ORDER

S.N. VARIAVA, J.- This is an appeal against the judgment of the Division Bench of the Delhi High Court dated 28-7-2000 in FAO (OS) No. 242 of 1998.

2. Briefly stated, the facts are that pursuant to an agreement dated 21-121984 between the appellants and the 1 st respondent, the 1 st respondent was permitted to form a private company and use the name "Baker" as part of its corporate name. Thus the 2nd respondent Company was incorporated. The appellants had 40% shareholding in this Company. Clause 8.3 of this a agreement provided as under:

"8.3. In the event of Baker holding less than 40% of the paid-up equity capital of the said Company, if the word Baker is part of the name of the said Company, the said Company shall not be entitled to retain the said word as part of its name; the intention being that the said word shall be used as part of the name of the said Company by virtue of b the permission of Baker and that the said Company shall have no property interest in the said word; and if Baker so requires the said Company shall change its name to a name not including the word Baker or any similar word. If Baker so desires, the parties shall ensure that Baker and the said Compa