1. The correctness and sustainability of Ext.P14 order passed by the 2nd respondent in a petition filed under Section 22 of the Indian Companies Act, 1956 is under challenge in this writ petition, while, the very maintainability of the writ petition is challenged by the first respondent, by filing I.A. No. 3562 of 2013, praying to have it decided as a preliminary issue.

2. The sequence of events is as follows:

A common factor (the word 'Mather') appears in the name of the petitioner as well as in the name of the first respondent. The first respondent Company was registered with its registered office in Kochi, Kerala, before the Registrar of Companies, Ernakulam as early as in the 1944. Ext.P1 is the Memorandum of Association of the first respondent Company. The petitioner Company was registered before the Registrar of Companies, Tamil Nadu, Coimbatore and Ext. P2 forms the Memorandum of Association and Articles of Association in respect of the petitioner Company. The first respondent has obtained the Certificates of Registration of Trade Mark under Section 23(2). r/w. Rule 62 (1) of the Trade Marks Act, 1999, as borne by Exts. P3 and P4.

3. On coming across the registrati