SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2001 Supreme(Mad) 1303

P.SHANMUGAM
S. V. S. Agro Refineries Private Limited – Appellant
Versus
Union of India and Others – Respondent


Appearing Advocates:Arvind Dattar, M/s. Chitra Narayan, N.A.K. Sharma, M/s. C. Daniel, S. Anbalagan, Advocates.

Judgment :-

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












Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top