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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17^th November, 2025 Date of Decision: 28th January, 2026 Date of uploading: 28^th January, 2026 + W.P.(C)-IPD 27/2022 REFEX INDUSTRIES LIMITED .....Petitioner Through: Mr. Rohan Rohtagi & Ms. Muthu Prabha, Advs.

versus REGIONAL DIRECTOR, NORTHERN REGION, MINISTRY OF CORPORATE AFFAIRS & ANR. .....Respondents Through: Ms. Avshreya Pratap Singh Rudy, Sr.

Panel Counsel with Ms. Usha Jamnal, Mohd. Junaid Mahmood & Ms.

Prerna Pandita, Advs. for UOI Ms. Ubhai Bharti Gupta and Ms.

Tapsi Shashikala, Advs. for R-2 %

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

J U D G M E N T

MANMEET PRITAM SINGH ARORA, J:

1. The present writ petition under Article 226 and 227 of the Constitution of India has been filed by M/s Refex Industries Limited i.e., the Petitioner herein, thereby seeking quashing and setting aside of the order dated 23.08.2018 passed by Respondent No. 1, whereby the application filed under Section 16(1)(b) of the Companies Act, 2013 for issuing directions to Respondent No. 2 to rectify its similar name, has been dismissed.

1.1. The Petitioner is further seeking a direction to Respondent No. 2 to change its name. Factual Matrix

2. The facts, as stated in the petition, which are relevant for adjudication of the present case are as under: -

2.1. The Petitioner Company was incorporated under the Companies Act, 1956 [‘the Act of 1956’] on 13.09.2002 in Tamil Nadu, under the name – ‘Refex Refrigerants Private Limited’ and was converted into a public company on 30.03.2006, under the name – ‘Refex Refrigerants Limited’. Thereafter, on 22.11.2013, the Petitioner Company’s name was changed to ‘Refex Industries Limited’.

2.2. The Petitioner Company is a specialist manufacturer and re-filler of refrigerant gases in India and is widely acclaimed in the industry.

2.3. The Petitioner Company is the owner of the registered trademark ‘REFEX’ bearing trade mark no. 1559466 in Class 1 w.e.f. 17.05.2007.

2.4. Respondent No. 2 herein is a company incorporated in Punjab under the Companies Act, 2013 [‘Act of 2013’] on 27.01.2017 under the name M/s Refex Hotels Private Limited.

2.5. On 27.04.2018, the Petitioner Company filed an application under Form No. RD-1 under Section 16(1)(b) of the Act of 2013 [‘the Application’] before Respondent No. 1 i.e., Regional Director, Northern Region, Ministry of Corporate Affairs [‘Regional Director’] seeking rectification of Respondent No. 2 company’s name i.e., M/s Refex Hotels Private Limited on the ground that same includes the word ‘REFEX’, which is identical to the Petitioner’s registered trade mark ‘REFEX’.

2.6. It is stated that the hearing was concluded on 19.06.2018 and vide impugned order dated 23.08.2018, the Regional Director has rejected the Application filed by the Petitioner Company on the ground that though the Petitioner Company is the owner of the registered trademark ‘REFEX’ in Class 1; Respondent No. 2 is operating in hotel industry and these activities fall under a distinct class under the Trade Marks Act, 1999 [‘Trade Marks Act’]. Hence, the business activities of Petitioner and Respondent No. 2 are totally different and on this basis the application is rejected.

2.7. Aggrieved by the aforesaid impugned order, the Petitioner Company has filed the present writ petition.

Submissions on behalf of the Petitioner

3. Mr. Rohan Rohtagi, learned counsel for the Petitioner Company stated that the impugned order has been passed in violation of the provisions of Section 16 of the Act of 2013.

3.1. He stated that Respondent No. 2’s Company name - Refex Hotels Private Limited - is identical with and contains the Petitioner’s registered trademark ‘REFEX’ bearing trade mark no. 1559466 in Class 1 w.e.f.

17.05.2007.

3.2. He stated that Respondent No. 2’s company name is identical with the Petitioner’s company name as well as the Petitioner’s other group companies, which also includes the name ‘REFEX’. He stated that in addition to the Petitioner itself, there are ni