This is an application for a default order, in terms of S.160 of the Companies Act ( ‘the Act’), read with Regulation 153, that the respondent; Abs Group (Pty) Ltd, does not satisfy the requirements of section 11 of the Act and that the respondent be directed to change its company name to one which does not incorporate the applicant’s registered trade marks and parent company Absa Group, being “ABSA” or “ABSA GROUP”, or any other trademark or word that is confusingly and/or deceptively similar to the applicant’s registered trademarks, being “ABS” or “ABS Group”, and that the respondent be ordered to file a notice of amendment of its Memorandum of Incorporation; and an order as to costs.
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