P M DIESELS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and/or order quashing and setting aside registration of respondent No. 4 by the name Marshal Pumps Pvt. Ltd. A further prayer is also made to permanently restrain the respondent Nos. 2 & 3 from registering the respondent No. 4 or any other company by a name which includes the word/s "Marshal", "Fieldmarshal" or "FM Fieldmarshal".

(2.) It is the contention on behalf of the petitioner that the petitioner and its predecessor M/s Patel Manufacturers - a partnership firm since 1963 and they are registered proprietors of trade mark "Fieldmarshal". It is the contention of the petitioner that as the petitioner was apprehending that some other persons including the respondent No. 4 - a private company are trying to get their name registered with name "Marshal", the petitioner submitted complaint regarding incorporation of the said name and/or with similar name or that name under Section 20 of the Companies Act, 1956 read with Sections 28 and 29 of the Trade and Merchandise Marks Act and submitted objections / complaint on 12.6.1989. It is the contention on behalf of the petitioner that by communication dated 20.6.1989 the Registrar of Companies (Gujarat) informed the petitioner that two different promoters viz. (1) Shri Nanalal Makwana and Shri Gordhanbhai Padalia, and (2) Shri Govindbhai D. Patel and Shri Shivlal C. Patel have submitted documents for incorporation of the companies with proposed name of the company as "Marshal Forge Pvt. Ltd." and "Patel Field Marshal Pumps Pvt. Ltd." and the petitioner was called upon to submit specific objections if any against incorporation of the above companies with the above proposed name with the ground of objections and the petitioner was also communicated that if reply is not submitted within a period of 15 days from the date of receipt thereof i.e. From 20.6.1989 the above companies will be registered with the above proposed names. It is the contention on behalf of the petitioner that the petitioner submitted detailed objections vide communication/objection dated 5/7/1989 and inspite of that the petitioner is communicated vide communication dated 6/12/1989 that the said office has registered the company under the name and style of "Marshal Pumps Pvt. Ltd." promoted by Mr. Govindbhai Patel and Mr. S.C. Patel on 29/6/1989. Thus, it is the contention on behalf of the petitioner that when the petitioner was given 15 days time to submit specific objections vide communication dated 20/6/1989, decision came to be taken by Registrar of Companies (Gujarat) under the name and style of "Marshal Pumps Ltd." on 29.6.1989 even without waiting for expiry of the period granted to the petitioner for submitting detailed objections. Thus, it is the case of the petitioner that without considering the objections submitted by the petitioner and/or even without waiting for objections to be submitted by the petitioner, the Registrar of Companies (Gujarat) has granted registration is favour of the respondent No. 4 with name "Marshal". Under the circumstances, it is requested to allow the present special civil application and to set aside the action of the respondent - Registrar of Companies (Gujarat) registering the company under the name and style of "Marshal Pumps Pvt. Ltd." promoted by Mr. Govindbhai Patel and Mr. S.C. Patel as the same is without considering the objections submitted by the petitioner and the same is in breach of principles of natural justice.

(3.) Nobody has remained on behalf of the respondent though served. Even none appears on behalf of the respondent No. 4 which is a company in whose favour registration came to be granted in the name and style of "Marshall" on 29.6.1989 which is impugned in the present special civil application. No affidavit-in-reply is filed on behalf of any of the respondents. Under the circumstances, this Court is required to consider and accept what is stated in the present special civil application. Even otherwise, on going through the communication dated 20.6.1989 which is at Annexure-F at page.53 as well as the objections submitted by the petitioner at Annexure-G at page.54 and the impugned communication dated 6.12.1989 that the petitioner was granted 15 days time to submit specific objections against incorporation of companies with the proposed name of "Marshal" and granting the said companies registration under the name and style of "Marshal Pumps Pvt. Ltd." promoted by Mr. Govindbhai Patel and Mr. S.C. Patel, it appears that the Registrar of Companies (Gujarat) granted registration in favour of the respondent No. 4 with the said name on 29.6.1989 even before expiry of time granted to the petitioner for submitting detail grounds and objections against such registration.