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)         PS to Registrar

(Madhu Saxena) Court Master

The signed order is placed on the file.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

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

LOKHANDWALA BUILDERS PRIVATE LIMITED. ...APPELLANT (S)

VERSUS

UNION OF INDIA & OTHERS ...RESPONDENT(S)       

O R D E R

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.       

....................J. [ S.H. KAPADIA ]

New Delhi, ....................J March 27, 2009 [ AFTAB ALAM ]