KUNHI MUHAMMED ETAYATTIL Vs. ASST REGISTRAR OF COMPANIES

JUDGEMENT

(1.) The petitioner has approached this Court seeking to set aside Ext.P15 rejection letter and to direct the 1st respondent to process Ext.P11 application for incorporation of LLP without raising any dispute on the proposed name "Reef Wellness and Excellence LLP".

(2.) The petitioner would submit that he proposes to incorporate a Limited Liability Partnership (LLP) under the Limited Liability Partnership Act, for doing business in Recreation and Wellness Centres, in the name and style "Reef Wellness and Excellence LLP". The petitioner therefore submitted Ext.P1 Form RUN-LLP for reservation of the name "Reef Center for Wellness and Excellence LLP", under Rule 18(5) of the LLP Rules. The petitioner's application was approved as per Ext.P2 letter dated 22.05.2019, wherein it was stated that the mentioned name is made available for registration of the LLP for new incorporation.

(3.) On 23.01.2020, the petitioner filed Form FiLLiP for incorporation of the Limited Liability Partnership under the name 'Reef Centre for Wellness and Excellence LLP'. The 1st respondent Assistant Registrar of Companies, as per Ext.P4, approved the proposed name of the LLP with the remark "No Resemblance found, TM Checked u/c (Under Class) 44,35,41 Name can be given". However, the 1st respondent noted certain defects in the application.