Shri.Piyush Harakchand Shah v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2021 CORAM :

THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM W.P.No.32988 of 2016 Piyush Harakchand Shah Managing Partner of Meghaswana Energy B-301, Prince Manner Apartment, No.114, Purasaivakkam High Road, Chennai - 600 021 and having registered office No.1, Payal Apartment, Model Colony, Pune - 411 016.

... Petitioner Vs.

1. The Union of India, Represented by the Ministry of Corporate Affair, 'A' Wing, Shastri Bhawan, Rajendra Prasad Road, New Delhi - 110 001.

2. The Registrar of Companies, Block No.6, B Wing, 2nd Floor, Shastri Bhawan, 26, Haddows Road, Nungambakkam, Chennai - 600 034.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to consider the petitioner's representation dated 24.01.2016 within the period that may be fixed by this Court.

For Petitioner : No appearance For Respondents : Mr.S.Makesh Additional Central Government Standing Counsel https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(Through Video Conferencing) The relief sought for in the present writ petition is to direct the respondents to consider the petitioner's representation, dated 24.01.2016.

2.About 5 years lapsed. The learned counsel appearing for the respondents made a submission that, in spite of the submissions made at the time of admission, the petitioner has not impleaded the Serious Fraud Investigation Officer. Further, the petitioner has not pursued the matter, pursuant to the representation, with the Serious Fraud Investigation Office at Delhi. However, it is contended that the 2nd respondent is empowered to refer the complaint to the Serious Fraud Investigation Office for the purpose of initiating further action.

3.This being the factum, the 2nd respondent is directed to look into the complaint and if there is a prima facie case, then the complaint may be referred to the Serious Fraud Investigation Office, for initiating further action in the manner known to law.

With these directions, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mkn To

1. The Ministry of Corporate Affair, Union of India,'A' Wing, Shastri Bhavan, Rajendra Prasad Road, New Delhi - 110 001.

2. The Registrar of Companies, Block No.6, B Wing, 2nd Floor, Shastri Bhawan, 26, Haddows Road, Nungambakkam,Chennai - 600 034. +1cc to Mr.S.Makesh, Advocate Sr No.51390 W.P.No.32988 of 2016 GPL (CO) PR (26/10/2021) https://hcservices.ecourts.gov.in/hcservices/