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M/S. Ksb Pumps Limited and anr. Vs. Union of India and anr. - Court Judgment

SooperKanoon Citation

Court

Kolkata High Court

Decided On

Case Number

W. P. No.1164 of 2010

Judge

Appellant

M/S. Ksb Pumps Limited and anr.

Respondent

Union of India and anr.

Appellant Advocate

Mrs. Lopita Banerjee, Adv.

Respondent Advocate

Mr. P. K. Bhowmick, Adv.

Excerpt:


.....not fulfilled, the petitioner was not entitled to any relief. i have heard mrs. banerjee, learned advocate for the petitioner and mr. bhowmick, learned advocate for the respondents. i have perused the impugned order. the regional director has not faltered in reaching the findings as contained in the order dated 10th march, 2008 while rejecting the petitioners application. there is no scope for interference with the order of the regional director. the writ petition stands dismissed. there will be no order as to costs. this order of dismissal, however, shall not preclude the petitioner to seek relief against the respondent-company before the appropriate forum, provided law permits the same. urgent certified photocopy of this order be made available to the parties, if applied for, upon compliance of all requisite formalities.

Judgment:


This writ petition is directed against an order dated 10th March, 2008 passed by the Regional Director, Eastern Region, Ministry of Corporate Affairs, Kolkata rejecting an application filed by the petitioner under Section 22 of the Companies Act, 1956.

It was recorded therein that the petitioner did not furnish any evidence in support of its claim that it is the registered proprietor of the trademark KSB and that it had not filed the application within twelve months from date of registration of the respondent company.

Since conditions as laid down in Section 22(1)(ii) of the Companies Act, 1956 were not fulfilled, the petitioner was not entitled to any relief. I have heard Mrs. Banerjee, learned Advocate for the petitioner and Mr. Bhowmick, learned Advocate for the respondents. I have perused the impugned order.

The Regional Director has not faltered in reaching the findings as contained in the order dated 10th March, 2008 while rejecting the petitioners application. There is no scope for interference with the order of the Regional Director. The writ petition stands dismissed. There will be no order as to costs. This order of dismissal, however, shall not preclude the petitioner to seek relief against the respondent-company before the appropriate forum, provided law permits the same.

Urgent certified photocopy of this order be made available to the parties, if applied for, upon compliance of all requisite formalities.


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