Deletion of a third party trade name from a company in liquidation upheld where dissolution was inevitable and no prejudice was shown.

A company court may permit deletion of a third party's trade name from the name of a company in liquidation where the company has become non-operational and dissolution is inevitable, especially when no substantial prejudice to the liquidation is shown. The ordinary statutory procedure for changing the name of an existing company was held inapplicable because the company itself was not seeking a voluntary alteration of its name. The application was therefore maintainable under the court's procedural powers, and the request for deletion was justified.

---

---

Issues: Whether the name of a trade mark holder could be deleted from the name of a company in liquidation when the company had ceased to be operational, and whether the general procedure for change of name under the Companies Act applied.

Analysis: The company in liquidation had become non-operational and only residual proceedings remained, with dissolution viewed as inevitable. The name sought to be deleted was found to be the trade name and trade mark of the respondent, and no substantial prejudice to the liquidation was shown. The statutory provision governing change of name of an existing company was held inapplicable because the company itself had not moved to alter its own name. The Court accepted that the application under the Company Court's procedural powers could be entertained in the circumstances.

Conclusion: The request for deletion of the trade name was maintainable and justified, and the appeal failed.

Ratio Decidendi: In liquidation proceedings, a company court may permit deletion of a third party's trade name from the name of a non-operating company where dissolution is inevitable, and the ordinary statutory procedure for voluntary change of name of an existing company does not govern such a request.

---