P.SHANMUGAM
S. V. S. Agro Refineries Private Limited – Appellant
Versus
Union of India and Others – Respondent
P. Shanmugam, J.
Petitioner has prayed for the issue of a Writ of Certiorari to quash the order of the second respondent dated 10.8.2001 by calling for the records. The impugned order is passed under Section 22 of the Companies Act, 1956 directing the petitioner to change its name within three months by deleting the word "S.V.S" from its name.
2. According to the petitioner, he is the joint proprietor of the trade mark "S.V.S" as well as the use of the letters "S.V.S". It is stated that The third respondent cannot claim monopoly to the family name and has no locus standi to file an application under Section 22 of the Companies Act. The petitioner, being the joint proprietor of the trade mark and the initials S.V.S., is entitled to use the same in any business carried on by him. According to him, the jurisdiction under Sections 20 and 22 of the Companies Act would arise only where the company with the impugned name is incorporated by a person other than the owner of the trade mark in question. It is contended that the second respondent has failed to consider this question and therefore, the order of the second respondent is liable to be set aside and the matter remanded fo
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