ORDER

K.M. Mehta, J.

M/s. Parsvanath Developers Limited, petitioner, original defendant has filed this petition under Article 227 of the Constitution of India with a prayer that this Court may issue a writ of certiorari, or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned order dated 22.12.2006 passed by the learned City Civil Judge, Court No. 9, City Civil Court, Ahmedabad, below Exh. 26 in Regular Civil Suit No. 785 of 2006 and to reject the plaint or be pleased to direct the City Civil Court, Ahmedabad to reject the same. This petition was filed on 30.1.2007.

2. On behalf of the petitioner Orissa Defendant (hereinafter referred to as the defendant) Shri S.B. Vakil, learned Sr. Counsel with Mr. R.R. Shah, learned advocate, appears. On behalf of the respondents - original plaintiffs Mr. Mihir Thakore, learned Sr.Counsel with Mr. Y.J. Trivedi, learned advocate, appears. 2.1 The matter was initially heard. However, both the learned sr. counsel for the parties have stated that this Court may take up the matter for final hearing and final disposal. Therefore, this Court passed an order on 13.2.2007 to be placed for final disposal and ultimately the matter was placed for hearing from time to time and I have heard both the learned counsel at length. Hence Rule is issued in the main matter. Mr. Y.J. Trivedi, learned advocate for the respondents waives service of rule on behalf of the respondents orig. plaintiffs.

3. The facts giving rise to this petition which are stated in the pleadings by the original plaintiffs are as under:

3.1 Parshwanath Realty Private Limited, a Company incorporated under the Companies Act, 1956, is original plaintiff No. 1 and Parshwanath Housing Finance Corporation Limited is plaintiff No. 2. Plaintiff No. 1 is a Company incorporated and registered under the provisions of the Companies Act, 1956 in the State of Gujarat and the same was incorporated under the name and style of Parshwanath Construction Private Limited on 29.11.1972. Subsequently, the name of the said Company has been changed in 1990 and 1996 and from 31.3.2000 plaintiff No. 1 Company has continued its business activity under the name and style of Parshwanath Realty Private Limited. Plaintiff No. 2 is a Public Limited Company, incorporated and registered under the provisions of the Companies Act, 1956, having its registered office at Ahmedabad. The plaintiffs are carrying on business of housing finance, construction and developers of land and buildings.

3.2 The plaintiffs submit that the Directors of plaintiffs' Companies have first started construction business under the name and style containing or consisting of word Parshwanath. The main promoter is Shri Navnitbhai C. Patel. He is a renowned Civil Engineer. He started Parshwanath Group in the year 1967 with the sole object to provide houses and have thereafter developed various schemes in the State of Gujarat, more particularly in the district of Ahmedabad.

3.3 It is the case of the plaintiffs that since 1967 Shri Navnitbhai C. Patel is carrying on the business of construction and developer and has become a renowned name in the construction industry. Initially the business was started in the form of registered partnership firm Shri Parshwanath Corporation. The plaintiffs have developed the business under Parshwanath group having various sister concerns and associate companies like Parshwanath Construction Pvt. Ltd., originally incorporated in the year 1972, which is now working under the name of plaintiff No. 1 Company. Another company is Parshwanath Housing Finance Corporation Limited engaged in the business of housing finance and construction since 1985. Parshwanath Farm, a partnership firm started its business in 1994 which is presently named as Parshwanath Corporation and Shree Parshwanath Construction Corporation, a partnership firm started its business in the year 2001. The said construction activities are carried on