The applicant unsuccessfully applied to the Companies Tribunal (the Tribunal) at first instance to consider an application in terms of Section 160(1) of the Companies Act, 71 of 2008(the Act) on a default basis. The purpose of the application was to challenge the continued registration and use of the name of respondent Eat Right Cartering Services (Pty) Ltd on grounds that the name does not satisfy the requirements of Section 11(2)(b) and 11(2) (c)(i) of the Act.