Heard together (2 matters)
W.P.(C) NO. 31973 OF 2017
W.P.(C)No.5351 of 2018
Read from the judgment's own cause title. This page is filed under one of them.
Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 6TH DAY OF JUNE 2018 / 16TH JYAISHTA, 1940
WP(C).No. 5351 of 2018
PETITIONER(S):-
1 M/S. K.P.PATHROSE VAIDYAN'S KANDAMKULATHY VAIDYSALA
REPRESENTED BY ITS PROPRIETRIX DR. ROSE MARY
WILSON B.A.M.S, KZUHUR.P.O., MALA, THRISSUR DISTRICT-680734
2 M/S.K.P.PATHROSE VAIDYAN'S KANDAMKULATHY VAIDYSALA (P) LTD.
CIN: 09-09 133/1995
REGISTERED OFFICE AT KUZHUR.P.O., MALA,
THRISSUR-680734
REPRESENTED BY ITS MANAGING DIRECTOR, K.P. WILSON
3 K.P. WILSON
AGED 56 YEARS, S/O. LATE KANDAMKULATHY PATHROSE VAIDYAN
KANDAMKULATHY HOUSE, KUZHUR.P.O., MALA
THRISSUR-680 734
BY SENIOR ADVOCATE SRI.S.SREEKUMAR
ADVS.SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
SRI.R.GITHESH
SRI.MANJUNATH MENON
RESPONDENT(S):
1. M/S.KANDAMKULATHI FRANCIS VAIDYAN'S AYURVEDA
VAIDYASALA (P) LTD
CIN: U51397KL2003 PTC016316
NO:III/225B, KUZHUR.P.O., MALA
KERALA-680734
2. KANDAMKULATHI FRANCIS PAUL
DIN: 00997517
S/O. K.F. POULOSE, KANDAMKULATHY HOUSE
KUZHUR.P.O., MALA, THRISSUR
PIN- 680 734
3. SIJI ABRAHAM,
DIN 05182784, PURAKKATTU HOUSE
NEAR MORNING STAR COLLEGE,
ANGAMALY SOUTH- 683 572
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WP(C).No. 5351 of 2018
4. THE DEPUTY DRUGS CONTROLLER (AYURVEDA)
OFFICE OF THE DRUGS CONTROLLER
RED CROSS ROAD, VANCHIYOOR.P.O.
THIRUVANANTHAPURAM- 695 035
5. THE REGISTRAR OF COMPANIES,
KERALA, COMPANY LAW BHAVAN
KAKKANADU.P.O., ERNAKULAM
6. THE REGIONAL DIRECTOR (SOUTHERN REGION),
MINISTRY OF CORPORATE AFFAIRS
SHASTRI BHAWAN, 26 HADDOWS RAOD
CHENNAI- 600 006
R1 TO R3 BY ADV. SRI.K.V.VINOD
R4 BY SENIOR GOVERNMENT PLEADER SRI.P.M.MANOJ
R5 & R6 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 5351 of 2018 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED
UNDER THE KERALA VALUE ADDED TAX ACT AND GST
ACT DATED 30.6.2007 TO THE 1ST PETITIONER
EXHIBIT P2 TRUE COPY OF THE DRUG LICENSE DATED 23.6.1989
ISSUED BY THE 3RD RESPONDENT, DRUGS
CONTROLLER UNDER DRUGS AND COSMETICS ACT,
1940
EXHIBIT P3 TRUE COPY OF THE TRADE MARK APPLICATION DATED
19.3.1993
EXHIBIT P4 TRUE COPY OF THE TRADE MARK REGISTRATION
CERTIFICATE ISSUED BY THE REGISTRAR OF TRADE
MARKS
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE RENEWAL OF
REGISTRATION OF TRADE MARK NO 593035 IN CLASS 5
DATED 3.11.16
EXHIBIT P6 TRUE COPIES OF VARIOUS CERTIFICATES ACHIEVED BY
THE 1ST PETITIONER
EXHIBIT P7 TRUE COPY OF PROCEEDINGS OF FORM RD1 WITH SRN
44277259/23-05-2017 DATED 31.7.2017 OF 6TH
RESPONDENT
EXHIBIT P8 TRUE COPY OF CERTIFICATE OF INCORPORATION OF
THE 6TH RESPONDENT
EXHIBIT P9 TRUE COPY OF CERTIFICATE OF INCORPORATION
PURSUANT TO CHANGE OF NAME
EXHIBIT P10 TRUE COPY OF COMPLAINT SUBMITTED BY THE
PETITIONERS BEFORE THE 6TH RESPONDENT ON
16.1.2018
EXHIBIT P11 TRUE COPY OF REPRESENTATION SUBMITTED BY THE
2ND PETITIONER ON 9.12.2017 BEFORE THE 4TH
RESPONDENT
EXHIBIT P12 TRUE COPY OF REPRESENTATION SUBMITTED BY THE
1ST PETITIONER ON 9.12.2017 BEFORE THE 4TH
RESPONDENT.
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WP(C).No. 5351 of 2018 (T)
RESPONDENT'S EXHIBITS
EXHIBIT R1(A)
PHOTOCOPY OF INTERIM ORDER DATED 06.03.2018 IN W.P.(C)
NO. 31973 OF 2017.
EXHIBIT R1(B)
PHOTOCOPY OF THE COMMUNICATION DATED 11.11.1998 FROM THE
REGISTRAR OF TRADEMARKS REQUIRING DR. ROSE MARY WILSON
TO EXPLAIN THE TERM “KANDAMKULATHY”.
EXHIBIT R1(C)
PHOTOCOPY OF THE REPLY DATED 25.12.1998 BY DR.ROSE MARY
WILSON TO THE COMMUNICATION DATED 11.11.1998 FROM THE
REGISTRAR OF TRADEMARKS.
EXHIBIT R1(D)
PHOTOCOPY OF THE RECTIFICATION APPLICATION DATED
18.09.2007.
EXHIBIT R1(E)
DOCUMENT SHOWING GENEALOGY (FAMILY TREE) OF THE 2ND
RESPONDENT'S FAMILY.
EXHIBIT R1(F)
PHOTOCOPY OF THE REGISTRATION CERTIFICATE OF K.P.
FRANCIS VAIDYAR DATED 17.08.1959.
EXHIBIT R1(G)
PHOTOCOPY OF REGISTRATION CERTIFICATE OF DR.K.F. WILSON
DATED 17.02.1979.
TRUE COPY
PS TO JUDGE
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7/6/2018
SHAJI P. CHALY, J.
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W.P.(C)No.5351 of 2018
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Dated this the 6th day of June, 2018
JUDGMENT This writ petition is filed by the petitioners seeking the following reliefs:- “(i) issue a writ of mandamus or other writ order or direction compelling the 6th respondent to dispose of Exhibit P10 within a time limit to be fixed by this Hon'ble Court after affording an opportunity of being heard to the petitioner; (ii) Restrain the 4th respondent not to issue any drug license to the 1st respondent until Exhibit P10 is disposed of by the 6th respondent.”
2.Today when the matter is taken up, learned counsel appearing for respondents 1 to 3 submitted that, already an order is passed by the Regional Director as per section 16 of the Companies Act, 2013, disabling the respondents from using the name. Therefore, in my considered opinion, whatever reliefs
W.P.(C)No.5351 of 2018 2 sought for by the petitioners in this writ petition stand redressed, in view of the order passed by the Regional Director. Therefore, I do not find any reason proceed with the writ petition any further, since the grievances stand redressed. Writ petition stands allowed to the extent recording that the name of the first respondent is now withdrawn by the Regional Director in accordance with the provisions of Act, 2013. SHAJI P. CHALY, JUDGE dlk/6/6/18
