TMI Blog2004 (3) TMI 432X X X X Extracts X X X X X X X X Extracts X X X X ..... to above belongs to the plaintiff, which is a private limited company as on date; prior to that, the predecessors in interest of the Directors of the plaintiff company started the business with the said copy right way back in the year 1925; it was last used by a partnership firm started by the Managing Director of the plaintiff company in the name of L.K.S. Gold House in the year 1987 at T. Nagar; in the year 2001, the partnership firm was converted into a private limited company under the provisions of the Companies Act and therefore the proprietary rights in the trade mark namely, L.K.S. Gold House and its logo stand vested with the plaintiff. Written statement is yet to be filed. Rejection of the plaint is asked for on the following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plaintiff s company is a joint stock company, in which event alone, the provisions contained in part IX of the Companies Act would apply. 3. In the light of the arguments advanced, I applied my mind to the materials available on record. The partnership firm of L.K.S. Gold House was re-constituted by a document dated 1-4-1999. Eight partners constituted the said re-constituted firm. The certificate of incorporation of the plaintiff company shows that it was incorporated in the year 2001. The partners capital account produced in the paper book shows that the capital account of each of the partner mentioned in the deed had been transferred to L.K.S. Gold House Pvt. Ltd. (plaintiff company) by an entry dated 11-7-2001. The Memorandum of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... divided into shares of fixed amount and it should have been formed on the principle of having the company only for its members, whether a shareholder or a stock holder and no-one else. The features noted in the memorandum and Articles of Association of this company earlier in this order definitely bring the plaintiff company into a joint stock company. It cannot be disputed that when the plaintiff company was incorporated, all the requirements of law as found in part IX of the Companies Act have been complied with. Merely because, in the future, the company is permitted to raise the share capital, especially when invitation to pubic stands ruled out, would not, in my opinion, alter the character of the company from joint stock company into ..... X X X X Extracts X X X X X X X X Extracts X X X X
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