KALPANA POLYTEC INDIA LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The Court : The only question in this writ application is whether the Regional Director, Department of Company Affairs has jurisdiction to issue the order dated 30-6-1997. The facts of the case are as follows:-

(2.) The writ petitioner inter alia carries on business under the name and style of Kalpana Polytec India Ltd. and the dispute is really between the writ petitioner and the respondent Nos. 4,5 and 6 being Kalpana Industries Ltd., Kalpana Plastics (P.) Ltd. and Kalpana Promoters (P.) Ltd. respectively. All the said three respondents inter alia having their Registered Office at No. 3, Saheed Nityananda Saha Sarani, Calcutta. The dispute is with regard to the use of the word 'Kalpana' by the writ petitioner which was being used earlier by the respondent Nos. 4, 5 and 6. It is the fact that the director of the writ petitioner Shantilal Dugar was also at one point of time related with the said Kalpana Industries Ltd. and/or the respondent Nos. 4,5 and 6 in the writ application. It also appeared that a Suit has already been filed by the respondent Nos. 4, 5 and 6 in this matter.

(3.) On or about 25-11-1997, Kalpana Plastics (P.) Ltd. started a proprietor-ship Firm by one Mahendra Kumar Surana. Thereafter, it was converted into a partnership Firm in the year 1978 and one Mr. Ashok Kumar Baid and others became the partners of the said Company. Thereafter, the said partnership Firm was converted as Kalpana Plastics (P.) Ltd. in the year 1985 and thereafter on 11-9-1985 the name of the said Kalpana Plastics (P.) Ltd. was changed to Kalpana Plastics Ltd. Thereafter, certain disputes arose between the parties resulting to a memorandum of understanding which was entered into between the parties on 10-7-1996 and the business were divided amongst themselves. By virtue of the said memorandum of understanding Mr. Ashok Kumar Baid agreed not to use the name 'Kalpana' on and from 30-10-1996. Thereafter, a new Company was floated by the name of Kalpana India (P.) Ltd. by the group of Baid. Since the Suit is pending, all these questions of facts are to be decided in the said Suit.