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2023 (2) TMI 952 - HC - Companies LawRejection of application for reservation of name of the proposed L.L.P. - the words “AND ASSOCIATES” would be reflective of the profession of Advocacy or not - HELD THAT:- The word “AND ASSOCIATES” is not a word indicative of any specific profession and is a generic word which can be used with any vocation or profession or activity undertaken by a person. Other such or similar words as contemplated in the said Rule would safely be words such as Doctors, Architects, Engineers, Accountants, Cost Accountants, Hotel Managers etc. The object of the Rule is to ensure that the distinct word for a profession is not registered as a ‘Limited Liability Partnership’ under the act and rules framed thereunder unless approval thereof is accorded by the Governing Council or the Authority as nominated by the Central Government. The interpretation proposed by the respondent cannot be extended to apply to the use of any other generic word which may be used such as “& Associates” “& Sons”, & “Brothers”. There are no reasons assigned by the respondents in the impugned communication for declining registration of the LLP of the petitioner by the name as proposed by him on the aforesaid ground of the use of word “AND ASSOCIATES” as being a word indicative of a profession and mandating him to seek prior approval of the Bar Council of India is misplaced and is not sustainable and is liable to be set aside. Petition allowed.
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