Dismissed

The Pradesh Chambers Of Commerce And Industrial Association Chhattisgarh v. State Of Chhattisgarh And Ors.

Chhattisgarh HC1 Jan 2014WA/580/2013

Case brief

AI extract

What is this about?

Division Bench dismissed the writ appeal filed by a trade association. The court upheld the Registrar's rejection of a name change application, ruling that the proposed name resembled an existing society, contrary to the Society Registration Adhiniyam.

What did the court decide?

The writ appeal was dismissed summarily, upholding the order of the Registrar.

The Pradesh Chambers Of Commerce And Industrial… — Service and Employment | Chhattisgarh HC (2014)

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IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR mmian @eww WRIT APPEAL No. 5'80 of 2013 APPELLANT The Pradesh Chambers of PETITIONER Commerce and Industrial Association Chhattisgarh, Registration No. CG State 2766/10, through its President Anand Chopkar, S/o Late BR. Chopkar, aged about 50 years, Smt. Padmadevi Chopkar Building, In front of Gurudwara, Station Road, Telghani Naka, Police Station Ganj, Revenue District Raipur, District Raipur (C.G.)

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APPELLANT PETITIONER

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VERSUS 1.

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RESPONDENTS NON-APPLICANTS

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The State of Chhattisgarh, Through Special Secretary and .Appellate Ofhcer, Commerce and Industries Department, Mantralaya at Naya Raipur, Chhattisgarh. The Registrar, Firms and Sansthay, 0-5, Anupam Nagar, Raipur, Chhattisgarh. Assistant Registrar, Firm Evam Sansthay, Bilaspur Division Vikrant Bhawan, Jarhabhata, Bilaspur, Chhattisgarh

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WRIT APPEAL UNDER SECTION 2 OF THE CHHATTISGARH HIGH COURT (APPEAL TO DIVISION BENCH) ACT, 2006

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Being aggrieved by the impugnéd order dated 19.03i2013 ..... passed^{bytheHon’bieSingle”éench6rthisCourtin} Writ Petition (C) No. 16§”5t 201 3’(.nnexure N197”

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‘WIIWWWW W i i. r , “W

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HIGH COURT OF CHHATTISGARH BILASPUR

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D.B.: HON’BLE MR. SUNIL KUMAR SINHA& HON’BLE MR. RANGNATH CHANDRAKAR JJ.

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W.A. No. 580/2013

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APPELLANT The Pradesh Chambers of Commerce and lndustrial Association Chhattisgarh.

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Versus

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RESPONDENTS The State of Chhattisgarh and Others.

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WRIT APPEAL UNCER SECTION 2 OF THE CHHATTISGARH HIQH COURT (APPEAL^{TODIVISIONBENCH)ACT,_2006}

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Appearance:

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Mrs. Indira Tripathi and Mr. Sunil Sahu, Advocates for the Appellant. Mr. J.K. Gilda, Additional Advocate General for the State.

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ORDER

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(01/01/2014)

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1 . I.A. No. O1 allowed. 2. Delay condoned.

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The Appellant/Petitioner is aggrieved by the order dated 19th of March, 2013 passed in W.P. (C) No. 169/2013.

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The Appeiiant Society is registered as^“Pradesh Chamber of Commerce & Industrial Association, Chhattisgarh". An application was filed for chailenging " its name as Chhattisgarh Pradesh Chamber of Commerce & Industries”. There is aiready a society registered as^{“Chhattisgarh} Chambers of Commerce & Industries". The Registrar in view of the provisions of Section 6 (2) (a) of the Madhya Pradesh (Chhattisgarh) Society Registrikaran Adhiniyam, 1973 (hereinafter^{referredasAdhiniyam,1973)haddismissedthesaidappiication.} A writ petition was tiled against the said order passed by the Registrar, which was also dismissed. Hence this appeai.

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3/0

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Learned counsel for the Appellant submit that there^is no resemblance in the names of two societies, therefore, the change would have been ailowed.

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We have gone through the provisions of Chapter 3 of the Adhiniyam, 1973.

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Clause (a) of $ub-Section 2 of Section 6 of Adhiniyam, 1973 provides that no name shaii be proposed in the memorandum of association as is identical with or too nearly resembles the name by which a society in existence has been previously registered anywhere in the State.

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in the instant case, the new name proposed by the Appellant resembles with the name of Chhattisgarh Chambers of Commerce & Industries, Raipur, which is already registered with the omce of Registrar.

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ln view of the above provisions of Adhiniyam, 1973, the Registrar has rightly rejected the application of the Appellant. We find no justification to interfere with the orders passed by the Registrar and the writ Court.

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The writ appeal is liable to be dismissed and is hereby dismissed

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summarily.

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We Sd/Sd/— SUNIL KUMAR SINHA ; R.N. CHANDRAKAR. " Judge Judge l g

The Pradesh Chambers Of Commerce And Industrial Association Chhattisgarh v. State Of Chhattisgarh And Ors.

Case brief

What is this about?

What did the court decide?

The Pradesh Chambers Of Commerce And Industrial Association Chhattisgarh v. State Of Chhattisgarh And Ors.

Case brief

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What did the court decide?

What the court decided

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