2023 (1) TMI 1055

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.... 2. The writ petition has been filed by Petitioner No.1- Pure Cure Ayurveda Pvt. Ltd., which was incorporated in 2017, and Petitioner No.2- Arun Thamarasseri Narayanan challenging the incorporation of the Respondent No.3 under the name 'Purecure Pvt. Ltd.' which was incorporated on 11th April, 2020. 3. The case of the Petitioner is that, post its incorporation in 2017, it has been dealing with ayurvedic products under the following trademark: 4. The Petitioners seek cancellation/ rectification of the name of Respondent No.3 on the ground that it resembles the name of its company and its business. The prayer in this writ petition is as under: "[A] Issue a Writ, Order or Direction in the nature of Certiorari or any other Writ, ....

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....nder: "3. I state that without prejudice to the submissions made by Respondent no.3 in its Reply filed before this Hon'ble Court in the present proceedings, the management of Respondent 3 has now decided to approach Respondent No.2 with appropriate application seeking striking down of Respondent No.3 Company under the provisions of the Companies Act, 2013 as it does want to continue in any litigation or unhealthy competition with the Petitioner. Further, in the wake of disruptions caused by COVID-19 pandemic, Respondent No.3 intends to minimize its litigation and compliance costs and expenses. 4. I state that however, Respondent No.3 is unable to file such an application for striking off the company i.e. Pure Cure Priv....

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....s read as under: "4. Memorandum.- (2) The name stated in the memorandum shall not- (a) be identical with or resemble too nearly to the name of an existing company registered under this Act or any previous company law; or (b) be such that its use by the company- (i) will constitute an offence under any law for the time being in force; or (ii) is undesirable in the opinion of the Central Government. XXXX 16. Rectification of name of company- (1) If, through inadvertence or otherwise, a company on its first registration or on its registration by a new name, is registered by a name which,- (a) in the opinion of the Central Government, is identical with or too nearl....

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....th any direction given under sub-section (1), the Central Government shall allot a new name to the company in such manner as may be prescribed and the Registrar shall enter the new name in the register of companies in place of the old name and issue a fresh certificate of incorporation with the new name, which the company shall use thereafter: Provided that nothing in this sub-section shall prevent a company from subsequently changing its name in accordance with the provisions of Section 13." 10. The purpose of these two provisions is to ensure that companies do not register names which are identical or similar to earlier registered corporate names or registered trademarks so as to avoid any confusion in the market place between....