M.M.Sajitha Fathima v. The Secretary Ministry Of Corporate Affairs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:26.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7664 of 2019 M.M.Sajitha Fathima ... Petitioner Vs.

1.The Secretary Ministry of Corporate Affairs, 'A' Wing, 5th floor, ShastriBhawan, Dr.Rajendra Prasad Road, New Delhi.

2.The Senior Assistant Director, Serious Fraud Investigation Office, Govt. of India, ''Corporate Bhavan''

Ground Floor, No.29, Rajajisalai, Chennai-600 001.

3.The Additional Director, Hyderabad, Serious Fraud Investigation Office, 4th Floor, Corporate Bhawan, Survey No.127/1, Thattiannaram Village, Banglaguda, Hyathnagar, Mandal, RR District, Hyderabad-500 068 4.M.M.Mohamed Ali ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to carry out a thorough enquiry to be conducted into the affairs of the following companies:

S.No .

COMPANY CIN 1.

GM PENS INTERNATIOANL PVT. LTD.

U35991TN1995PT062444 2.

PEACOCK CHENNAI FINVEST PRIVATE LIMITED U35991TN1995PT062444 3.

G.M.P. PROPERTIES PRIVATE LIMITED U70101TN2000PTC044013

S.No .

COMPANY CIN 4.

IMCO DISTRIBUTORS PVT. LTD.

U74999TN1995PTCO32413 5.

CONVENIO FOODS INTERNATIONAL PVT.

LTD.

U15411TN2004PTC054164 6.

LANCHESTTER ACADEMY PVT. LTD.

U80211TN2013PTC092991 7.

HAKICO FOODS PRIVATE LIMITED U55209TN2016PTC111897 8.

PARK LLYOD MARKETING PVT. LTD.

U51101TN1992PTC022711 And any other companies in which late Mr. Mohammed Meeran is holding shares by serious fraud investigation office under the Companies Act, 2013 by appointing an inspector having expertise in unravelling corporate fraud under the aegis of Ministry of Corporate Affairs in furtherance of petitioner's representation dated 26.10.2018.

For Petitioner : Mr.K.Gowtham kumar

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondents to carry out a through enquiry to be conducted into the affairs of the companies stated in the prayer.

2.Heard the learned counsel for the petitioner and perused the materials place on record.

3.It is seen that the petitioner had sent a representation dated 26.10.2018 to the second respondent. On receipt of the same the second respondent by communication dated 07.11.2019 had forwarded the representation to the Registrar of Companies, Chennai, for appropriate action in respect of one company.

4. The learned counsel for the petitioner would submit that insofar as other companies are concerned, the second respondent did not take any action.

5.Considering the above facts and circumstances of this case, the second respondent is directed to consider the petitioner's representation dated 26.10.2018, in respect of other companies and also pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

6.With the above direction this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar vsn/mpa To 1.The Secretary Ministry of Corporate Affairs, 'A' Wing, 5th floor, ShastriBhawan, Dr.Rajendra Prasad Road, New Delhi.

2.The Senior Assistant Director, Serious Fraud Investigation Office, Govt. of India, ''Corporate Bhavan''

Ground Floor, No.29, Rajajisalai, Chennai-600 001.

3.The Additional Director, Hyderabad, Serious Fraud Investigation Office, 4th Floor, Corporate Bhawan, Survey No.127/1, Thattiannaram Village, Banglaguda, Hyathnagar, Mandal, RR District, Hyderabad-500 068 4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Gowthamakumar, Advocate SR.No.29269 Crl.O.P.No.7664 of 2019 GMY(10/04/2019)