Krishangi Construction Pvt. Ltd. v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9025 of 2019 ====================================================== 1.

Krishangi Construction Pvt. Ltd. through its Director, Dhiraj Kumar (Male) aged about 45 years, Son of Sri Mohan Murari Singh having its registered office at 402 Vidya Kunj Apartment, North Manglam Vihar Colony, Bailey Road, Patna- 801503.

2.

Dhiraj Kumar (Male), aged about 45 years, son of Sri Mohan Murari Singh, Resident of Village and Post - Bhagwanpur, P.S.- Bhagwanpur, DistrictBegusarai. ... ... Petitioners

Versus

1.

The Union of India through Secretary, Ministry of Corporate Affairs, Government of India, Shastri Bhawan, Rajendra Prasad Road, New Delhi110001. 2.

Regional Director, Ministry of Corporate Affairs, Eastern Region, Nizam Palace, MSO Building, 3rd Floor, 234/4 A.J.C. Bose Road, Kolkata. 3.

The Registrar of Companies, Bihar and Jharkhand, Maurya Lok Complex, Block A, 4th Floor, Dak Bunglow Road, P.S.- Kotwali, Patna, Bihar. 4.

Pankaj Kumar Singh, Son of late Kedarnath Singh, R/o Vill- Bhagwanpur, P.S. Bhagwanpur, Distt. Begusarai, Pin - 851120. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Advocate Mr. Ansul, Advocate For the Respondent/s :

Mr.S.D. Sanjay (Addl. Solicitor General) For Private respondent Mr. Sandeep Kumar Sahi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-07-2019 Heard learned counsel for the petitioners, learned counsel for the Union of India and learned counsel for the private respondent.

Basically, the petitioners have claimed that they have forwarded DIR -12 form and the Registrar of the Companies is to forward the same to the Ministry of Corporate Affairs, but even after two years he has not done anything and

Patna High Court CWJC No.9025 of 2019(4) dt.25-07-2019 2/2 sitting tight over the matter.

When the case was taken upon on 29.04.2019 this Court has framed the issue about the maintainability of the writ application as in the present case, in the garb of processing form the relief has been sought with regard to expulsion of respondent no.4 as one of the Directors of the Company. It is the dispute between two Directors, who are happened to be the cousin brothers, but they are litigating. This issue can either be decided by the N.C.L.T., Kolkata, or in civil suit as this matter relates to civil right of the parties. In such view of the matter, this Court does not find any merit in this writ petition accordingly, the same is dismissed with the liberty to the petitioners to approach before the appropriate authority/forum for redressal of their grievance. (Shivaji Pandey, J) pawan/- U