TMI Blog2004 (8) TMI 387X X X X Extracts X X X X X X X X Extracts X X X X ..... Affidavit in support of this writ petition and counter-affidavit are perused. Heard learned counsel for either side. 3. Learned counsel while advancing his argument on behalf of the petitioner would submit that the petitioner-company was incorporated under the Companies Act on March 10, 2003, under No. CIN U74210TN2003PTC050487. Certificate of incorporation was also issued to the petitioner s company. That ever since the petitioner-company was incorporated with the main objects as engineers and contractors specialised in the field of thermal, hydro and acoustic insulation and suppliers of all insulation, ancillary materials, among other objects registered its name as Lords Insullations India Private Limited. Within a short period, the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t two names resemble too closely, the authorities should have seen the nature of the business, nature of the customers and the possibility of confusion between the two names. It is pertinent to point out that the customers in this specific industry are highly qualified and they make orders for the service only after thorough evaluation of the offers, after taking into account the commercial capabilities by inviting offers from several operators in the field. The customers cannot be misled by any resemblance in the names alone. The selection and ultimate placing of the orders for each order depends upon the personal satisfaction of the customer relating to the capacity to execute the order to the satisfaction of the customers, quality of ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if looked into, the words "Lloyd" and "Lords" have phonetic resemblance and except these two words all other words in the name of both the companies are exactly the same. It is a case where the petitioner-company was heard by the Regional Director, Southern Region, Department of Company Affairs twice and, hence, it will be quite evident from the very reading of the order that the first respondent has considered the representation put forth by the petitioner s side and also convinced with the reasons adduced by the second respondent and, therefore, a direction was given to change the name "Lords" found in the petitioner-company and, hence, the order of the first respondent has got to be sustained. 8. After a careful consideration of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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