According to court records at the high court in Blantyre Airtel Communications, owned by Rajesh Manitlal Lakhan and Atul Ratilal Manek, is suing Zain Malawi, Airtel Malawi and Bharti Airtel.
Airtel Communications initially got an injunction on 19 November 2010 which was aimed at barring Bharti Airtel launching Airtel Malawi which took place on 21 November 2010 after Zain Malawi obtained a stay against the injunction on 20 November 2010.
Through its lawyers Ralph and Arnolds, the defendant has argued that the plaintiff is not in the mobile phones business and no consumer in Malawi can say that the plaintiff is an owner of any product branded Airtel.
"The plaintiff is not associated in any business sense with the name Airtel and thus cannot claim that the proposed second and third defendants are committing or likely to commit the tort of passing against it," argue the lawyers in the affidavit.
In the middle of the legal battle, the Malawi Communications Regulatory Authority (MACRA) has distanced itself.
"...MACRA's mandate is to regulate the information communication technology (ICT) sector and not registration of companies," MACRA spokesperson Zadziko Mankhambo is quoted as saying by the weekly Malawi News of 29 January 2011.
Airtel Malawi was incorporated in 1998 under the Malawi laws - Company Act on 3 September, as Celtel Malawi before it became Zain Malawi. It changed to Airtel Malawi by a Special Resolution and with the authority of registrar on 22 September 2010.
Assistant Registrar General Kondwani Jawati told Malawi News that they followed all the requirements to change the name of the company but declined to comment on the court matter for fear of contempt.
