Law:

Section:

Companies Ordinance (XLVII of 1984)-------Ss. 37 & 38---Securities and Exchange Commission of Pakistan Act (XLII of 1997), S.33---Rectification of name of company---Petition was filed for cancellation of the certificate of incorporation of the company, alleging that the complainant group was well known industrial group established in 1960 which adopted the trademark 'Adamjee" and since then it had extensively and continuously been used for all its services and products in Pakistan---Joint Registrar of Companies after hearing the parties, found that the company had contravened S.37 of the Companies Ordinance, 1984; and directed the company to change its name within 30 days of the date of the direction---Company had preferred appeal against impugned order---Section 38 of the Companies Ordinance had empowered the Registrar Companies for issuance of direction within three years of incorporation of a company registered through inadvertence or otherwise with the name which was in contravention of S.37 of Companies Ordinance, 1984---Direction to change the company's name, having been given by' the Registrar within prescribed period of three years, impugned order could not be interfered with. ORDER This order shall dispose of Appeal No. 52 of 2011 filed under section 33 of the Securities and Exchange Commission of Pakistan (the "Commission") Act, 1997 (the "SECP Act") against the, order dated 11-2-2011 (the "Impugned Order") passed by the respondent. 2. Ms. Asma Raza filed a petition on behalf of Adamjee Group (the "Complainant") for cancellation of the Certificate of Incorporation of Adam Jee Plastic Industries (Pvt.) Limited (the "Company"). In the said petition it was stated that the complainant is a well known industrial group established in the year 1960 and is a well diversified conglomerate comprising of around twenty companies having renowned business name in the country. The complainant had adopted the trademark Adamjee in the year 1960 and since then it has extensively and continuously been used for all its services and products manufactured in Pakistan. The Adamjee' trademark has become the distinctive property of the complainant and none else. The…

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