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2010 (5) TMI 400 - HIGH COURT OF KERALADeletion of the name Toshiba from the name of the company in liquidation viz., Toshiba Anand Batteries Ltd challenged Held that:- The chances of revival is only a hypothetical probability and we are in agreement with the learned Single Judge that order of dissolution is inevitable. According to us, the respondent company is justified in seeking deletion of its tradename from the name of a company in liquidation The learned senior counsel for the appellant was not able to convince us of any serious legal prejudice which may be occasioned to the company in liquidation by the deletion of the name Toshiba from its present name. True, the Registrar of Companies had raised a contention that allowing deletion applied for presently will prejudice the ongoing litigations initiated by the Official Liquidator but importantly such a contention is not shared by the Official Liquidator who figures as plaintiff in these litigations. We are convinced on the materials available that the word "Toshiba" is the tradename and trademark of the respondent/company and they are justified in insisting that their name should not continue in the name of a company which is on the verge of dissolution. Appeal fails.
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