TaxTMI 
TaxTMI 
2003 (4) TMI 465
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....f the second respondent-company is to make, distribute and deal in movies apart from others which are identical. The second respondent-company produced a Hindi movie titled as 'Sholay'. That was released on August 15, 1975. According to the second respondent, though it had produced some of the most memorable movies in Indian Cinema like 'Shaan, Brahmachari, Andaz, Saagar', etc., and even a famous television serial by name 'Buniyad', the film 'Sholay' is a major blockbuster motion picture, which was turned to become one of the most successful and renowned Indian films ever. It earns the international name not only in cine field but also other fields like trades. The name 'Sholay' is unique and thereby the second respondent has come to be dis....
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.... said application was allowed by the first respondent by order dated December 20, 2000, with further direction to the petitioner-company to delete the word 'Sholay' from its existing name and change to some other prefix within a period of three months from the date of the order." The above order of the first respondent is challenged in this writ petition. Though both learned counsel for the petitioner and the respondents elaborately argued on the merits of the case as to whether the second respondent, who has not registered the name 'Sholay' as a company, could maintain an application before the first respondent, seeking for a direction to delete the name and cited several authorities on this aspect, I am not inclined to go into those su....
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....portunity to the petitioner. 5. In the affidavit filed in support of the petition, it is specifically stated that the petitioner-company was incorporated in the name and style of "Sholay.Com Pvt. Limited" on December 21, 1999, on which date the name "Sholay" was not registered by the second respondent. Even as on date, only applications are pending with the Registrar of Companies from the second respondent to register the name "Sholay". By virtue of the incorporation, the petitioner is doing the business under the said registered name in designing, developing and manufacturing computer software and also marketing the same in India and abroad. While that be so, an application appears to have been filed by the second respondent before the ....
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....d company was incorporated. The reply dated October 11, 2000, was also received from the Registrar of Companies. Thereafter, only, the first respondent claims to have communicated a copy of the application to the writ petitioner on October 23, 2000. Though such a copy is found at page 192 of the file and the seal for despatch of the said letter is also made, I do not find any corresponding acknowledgement of the said letter from the writ petitioner. Subsequently, it is the claim of the first respondent that notice for appearance was issued on December 4, 2000. Here again, I do not find any acknowledgement of the said notice from the writ petitioner. At page 187 of the file, along with the copy of the notice dated December 4, 2000, I find on....
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....rred letter was received by us only on 19-12-2000 at 18:45 Hrs. as such we were not able to comply with your requisition. Therefore, without prejudice to our rights we kindly request you to fix an appropriate date and intimate us in advance and further request you to provide us with necessary material/papers if any have been submitted by the applicant i.e., M/s. Sippy Films Pvt. Ltd. enabling us to appear before you with necessary papers in support of our case. Thanking you, Yours truly, for Sholay.Com Pvt. Ltd. (Sd.) Director." 7. From the above letter and the stand taken by the petitioner coupled with the absence of acknowledgement of the letter dated October 23, 2000, and December 4, 2000, of the respondent, I have n....