MIND TREE EDUVATION PRIVATE LIMITED Vs. MINDTREE LIMITED

JUDGEMENT

(1.) In this intra Court appeal filed under Clause X of the Letters Patent, the appellant-Company assails the order dtd. 22/12/2014 vide which the learned Single Judge set aside the order dtd. 28/5/2013, Annexure P.8 passed by Regional Director, Northern Region, Ministry of Corporate Affairs respondent No. 2 rejecting the application filed by respondent No. 1 under Sec. 22 of the Companies Act, 1956 (in short, "the Companies Act") and directed the appellant to rectify the name of the company by dropping the name "Mind tree" and also imposed costs in the amount of Rs.25,000.00.

(2.) We have heard learned counsel for the parties and gone through the impugned order passed by the learned Single Judge as well as the order passed by respondent No. 2.

(3.) The controversy that needs to be addressed is whether the corporate name of the respondent-company i.e. Mind tree Limited is similar to or nearly resembles the appellant's trademark or its corporate name so as to deceive or cause confusion in the mind of a user.