RAYMOND PHARMACEUTICALS PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed challenging the order of the second respondent dtd. 17/7/2012, passed under Sec. 22 of the Companies Act, 1956 directing the petitioner to change the name of its registered company within a period of three months from the date of the said order.

(2.) The brief facts leading to the filing of the writ petition is as follows:

(3.) The learned counsel appearing for the petitioner would submit that the order of the second respondent is not maintainable in the eye of law. The 3rd respondent has in fact filed a suit for infringement before the Bombay High Court and sought an injunction on the ground of infringement of Trade Mark "Raymond". A learned Single Judge of the Bombay High Court has also held that the use of the mark "Raymond" by the petitioner herein was not detrimental to the 3rd respondent's rights in the name/mark "Raymond" and thus the 3rd respondent's contentions have been totally ignored. Aggrieved over the same, the 3rd respondent filed an appeal and the Division Bench of the Bombay High Court has dismissed the said appeal and upheld the order of the learned Single Judge. Thereafter a Special Leave Petition has been preferred by the 3rd respondent before the Hon'ble Apex Court and the same was also dismissed.