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2010 Supreme(Guj) 141

K.A.PUJ
BISAZZA INDIA – Appellant
Versus
PINO BSAZZA GLASS – Respondent


Advocates Appeared:
MR SN SOPARKAR WITH MR AMAR N BHATT for Petitioner
MR ASHOK L SHAH for Respondent No.1
MR SUNIL C PATEL for Respondent No.2

JUDGMENT

[1] The petitioner has filed this petition under Article 226 of the Constitution of India challenging the order dated 18th December, 2002 passed by the Regional Director (Western Region), Mumbai, rejecting the petitioner's application seeking direction under Section 22 of the Companies Act, 1956 for change of name of another Company i.e. M/s.Pino Bisazza Glass Private Limited as the name of the respondent No.1 Company was considered to be nearly resembling with the name of the petitioner Company.

[2] This Court has issued notice dated 21st April, 2003. Thereafter, on 28th April, 2004, the petition was admitted by this Court and rule was issued. Affidavit-in-reply is filed on behalf of the respondent No.2 on 18th August, 2004 and affidavit-in-reply is filed by the respondent No.1 Company on 23rd December, 2005. The petitioner has filed the rejoinder to both the affidavits-in-reply on 13th February, 2006. Since the petition is ripe for final hearing, the same is taken up for hearing and the learned advocates appearing on behalf of all the parties were heard at great length on the dispute between the parties.

[3] The brief facts giving rise to the present petition are that the








































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