IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.22475 of 2003 Between: M/s.Kobashi Aerospace Manufacturing Technologies Pvt.Ltd., rep., by its Sri K.Koti Reddy, s/o K.Subba Reddy r/o S.R.nagar, Hyderabad. ..... PETITIONER AND 1 The Regional Director, Department of Company Affairs, Southern Region, Sastri Bhavan, 26, Haddos Road, Chennai. 2 Sri K.Bhasava Rao, M/s.Kobashi Machine Tools Pvt.Ltd., 29, MIGH, Ground Floor, Vijayanagar Colony, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of certiorari by calling for the records relating to the order of the 1st respondent issued Under Sec.22 of the companies Act, 1956, dt.1-8-2003 and quash the same it is illegal, arbitrary and contrary to the provisions of the Companies Act, 1956. Counsel for the Petitioner:MR.D.SUDARSHAN REDDY Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.22475 of 2003 ORDER: Petitioner questions the order passed by the 1st respondent on 01-08-2003. It is stated that the impugned order was passed at the instance of the 2nd respondent herein, who objected to make use of the word “KOBASHI” in respect of the petitioner company namely M/s.Kobashi Aerospace Manufacturing Technologies Private Limited. It is stated that Mr.Koti Reddy and Mr.K.Bhasava Rao are 50% share holders of M/s.Kobashi Machine Tools Private Limited. While so, Mr.Koti Reddy established another company namely M/s.Kobashi Aerospace Manufacturing Technologies Private Limited. Using of the said word “Kobashi” was objected by the 2nd respondent and accordingly he approached the 1st respondent. As one of the partner cannot make use of the same name of the company, while floating another company, the 1st respondent directed the petitioner to delete the word “KOBASHI” from its existing name and change to some other prefix appropriately. It is stated that Mr.Koti Reddy has taken over M/s.Kobashi Machine Tools Private Limited and thus, Mr.Koti Reddy became the Managing Director of M/s.Kobashi Aerospace Manufacturing Technologies Private Limited as well as M/s.Kobashi Machine Tools Private Limited and, therefore, there cannot be any objection for the 2nd respondent to make use of the word “KOBASHI” for both the companies of the petitioner. The said contentions have not been disputed by the learned counsel appearing for the 2nd respondent and he has also affirmed that Mr.Koti Reddy has taken over M/s.Kobashi Machine Tools Private Limited and, therefore, he has no objection to make use of the word “KOBASHI” for both the companies of the petitioner. In view of the aforesaid facts and circumstances of the case, the writ petition is allowed setting the impugned order passed by the 1st respondent, dated 01-08-2003. There shall be no order as to costs. ___________ 26-03-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{ }