Svr Infrastructure Private Limited v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.2192 of 2022 & WMP.No.2361 of 2022 SVR Infrastructure Private Limited , Represented by its Managing Director, Mr. Venkatesan, No. 5/19, Micheal Garden, Ramapuram, Nandambakkam, Chennai 89.

... Petitioner Vs

1. The Union of India, Represented by its secretary to the Government, Ministry of Corporate Affairs, New Delhi.

2. The Registrar of Companies, Ministry of Corporate Affairs, Block No.6, B Wing, 2nd Floor, Shastri Bhawan, Haddows Road, Chennai-34.

... Respondents Prayer: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of mandamus to directing the Respondents herein to consider the reply dated 20.12.2021 given by the petitioner herein refraining from removing the name of the petitioner company from the Register of companies for a reasonable period.

For Petitioner : Mr.Prakash Goklaney For Respondents : Mr.P.K.Ganesh, Central Government Standing Counsel

O R D E R

Mr.P.K.Ganesh, learned Central Government Standing Counsel takes notice for the respondents and is armed with instructions

to proceed with the matter finally. Hence, with consent of both counsel, this Writ Petition is disposed finally even at the stage of admission.

2. Heard Mr.Prakash Goklaney, learned Counsel for the petitioner and Mr.P.K.Ganesh, learned Central Government Standing Counsel for the respondents.

3. The petitioner is aggrieved by the action of the respondents in issuing notice dated 06.12.2021 calling upon the petitioner to show cause why the name of the petitioner company not be removed from the website of the Registrar of Companies.

4. The petitioner has also filed a reply to the show cause notice on 20.12.2021 explaining that the delay attributable to the ongoing pandemic. Admittedly, the matter is pending consideration before the respondents.

5. In such circumstances, it would suffice to direct the second respondent to consider the reply dated 20.12.2021, hear the petitioner company through authorized representative and pass orders within a period of six (6) weeks, in accordance with law.

6. The respondents place on record their strenuous objection to the averments contained in paragraph 15 of the writ affidavit that they have threatened the petitioner by way of phone calls and other means and deny such allegations. Be that as it may they would advert that the proceedings are pending disposal at their end and that the reply of the petitioner dated 20.12.2021 will be taken into account and orders passed, as directed above.

7. This writ petition is disposed in the above terms. Connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar ska

To

1. The Secretary to the Government, The Union of India, Ministry of Corporate Affairs, New Delhi.

2. The Registrar of Companies, Ministry of Corporate Affairs, Block No.6, B Wing, 2nd Floor, Shastri Bhawan, Haddows Road, Chennai-34.

+2ccs to Mr.Prakash Goklaney, Advocate, S.R.No.11440 W.P.No.2192 of 2022 & WMP.No.2361 of 2022 MT[co] NSK 31/03/2022