LOKHANDWALA BUILDERS PRIVATE LIMITED vs UNION OF INDIA — Supreme Court of India, 27 March, 2009

ITEM NO.49 COURT NO.5 SECTION IX

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil) No(s).23844/2008

(From the judgment and order dated 25/06/2008 in WP No. 1296/2008

of The HIGH COURT OF BOMBAY)

LOKHANDWALA BUILDERS PRIVATE LIMITED Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(With prayer for interim relief )

Date: 27/03/2009 This Petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE S.H. KAPADIA

HON'BLE MR. JUSTICE AFTAB ALAM

For Petitioner(s) Ms. Indu Malhotra, Sr.Adv.

Ms. Nupur Kanungo, Adv.

Ms. Shashi M. Kapila, Adv.

Mr. Vikas Mehta,Adv.

For Respondent(s) Mr. Gopal Subramaniam, ASG

Mr. Ashok K. Srivastava, Adv.

Ms. Sushma Suri, Adv.

UPON hearing counsel the Court made the following

O R D E R

Leave granted.

The appeal is disposed of with no order as to costs.

(S. Thapar) (Madhu Saxena)

PS to Registrar Court Master

The signed order is placed on the file.

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2048 OF 2009 (Arising out of SLP(C) No.23844 of 2008

Leave granted.

With consent of the parties the matter is taken up for final hearing.

Having heard learned counsel for the parties we direct the Registrar of Companies

to hear and decide application (Annexure P-5 to the Special Leave Petition of the Paper

Book) in accordance with law uninfluenced by the observations made by the High Court in

the impugned order. The Registrar of Companies will also take into account the effect of the

letter dated 30th July, 2008 addressed by respondent No. 3 herein. It is made clear that the

decision of the Registrar of Companies will not impact the rights of the parties in the

pending passing off action.

Accordingly, the appeal is disposed of with no order as to costs.

March 27, 2009 [ AFTAB ALAM ]

LOKHANDWALA BUILDERS PRIVATE LIMITED vs UNION OF INDIA on 27 March, 2009