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2013 Supreme(Bom) 777

S.J.VAZIFDAR, MRIDULA BHATKAR
VOV Cosmetics Private Limited – Appellant
Versus
Union of India, through Government Pleader – Respondent


Advocate Appeared:
For the Petitioners:Sanjay Jain, B.N. Poojari i/b M/s Asian Patent Law, Advocates.
For the Respondents:R1 to R3. A.J. Rana, Senior Counsel with D.P. Singh, Advocate. & R4 to R6, Shyam Mehta, Senior Counsel with Ms. Shilpaja V. Kondalkar, Advocate.

Judgment :-

S.J. Vazifdar, J.

1. Rule. With the consent of the parties, Rule is made returnable forthwith and the Writ Petition is heard finally.

2. The petitioners have challenged an order dated 27th July, 2012, passed by the respondent No. 2 - The Regional Director – under section 22 of the Companies Act, 1956, directing the petitioner No.1 to change its name within three months by deleting the words "VOV COSMETIC" from its name.

3. Petitioner Nos. 3 and 4 are the directors/promoters of petitioner No.1. Petitioner No.2 - Pioneer Products is presently a partnership firm of which petitioner Nos.3 and 5 are the partners. Petitioner Nos. 3 to 5 are Dinesh Bastimal Jain, Smt. Sharmila Dinesh Jain and Bastimal K. Jain, respectively. The petitioner No. 3 is the son of petitioner No. 5. Respondent No. 3 is The Registrar of Companies. Respondent No. 4 is VOV Cosmetic Private Limited on whose application theSRPimpugned order was passed. Respondent Nos. 5 and 6, Dharamshi Manji Patel and Ramji Bhikhabhai Ahir, are the directors of respondent No. 4.

4. From the year 1986, petitioner No. 5 carried on business of manufacturing and marketing cosmetics in the firm name and style of Pioneer Prod












































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