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2003 Supreme(Del) 1251

A.K.SIKRI
Hira Lal And Son (Export) Pvt. Ltd. – Appellant
Versus
Union Of India (UOI) – Respondent


Advocates Appeared:
For the Appellant : Sanjay K. Maria and S.D. Kushwaha.
For the Respondents: Anamika Aggarwal, Pradeep Aggarwal.

JUDGMENT :

A.K. Sikri, J.—

1. The petitioner, which is a private limited company incorporated under the Indian Companies Act (for short the Act'), is aggrieved by incorporation of the respondent No. 4 company on the ground that the respondent No. 4 company is allowed to be incorporated with similar name as that of the petitioner. The name of the petitioner company is Hira Lal & Sons (Export) Pvt. Ltd. which was incorporated in the year 1973. The respondent No. 4 was allowed to be incorporated with the name of Hira Lal & Sons (I) Pvt. Ltd. in July, 2000 by the Registrar of Companies. The petitioner, in these circumstances, filed a representation u/s 22 of the Act to the Government of India against the incorporation of the respondent No. 4 company with the aforesaid name. This representation of the petitioner has been decided by impugned order dated 4th July, 2001. In this order passed by the Regional Director (NR), Kanpur it is accepted that the name of the respondent No. 4 is identical and too nearly resembles the name of the petitioner company and observations to this effect are as under:

    "AND WHEREAS on the basis of comments/clarification furnished by the respondent company, the Ce

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