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Madras High CourtWP/36633/2015disposed of

M.Peter, v. The Registrar Of Companies,

2015-11-27Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2015

CORAM:

THE HON'BLE MR.JUSTICE M.M.SUNDRESH W.P.No.36633 of 2015 M.Peter .. Petitioner vs.

1. The Registrar of Companies, Office of the Registrar of Companies, Sasthri Bhavan, Haddows Road, Chennai - 600 006.

2. L.Alagusundaram

3. Daniel Dinakaran

4. R.Saravanan .. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus directing the first respondent to consider and pass orders on the representation dated 03.07.2015 submitted by the petitioner seeking for removal of the entries made in the first respondent website with respect to Mahalakshmi Textile Mills Limited.

For Petitioner : Ms.R.Poornima For Respondents : Ms.G.Hema Central Government Standing Counsel

O R D E R

The petitioner is a Court Auction Purchaser. Though the sale in favour of the petitioner has been confirmed, the entries in the office of the first respondent indicate the name of the respondents 2 to 5 as the directors of the Mahalakshmi Textile Mills Limited.

2. It is the case of the petitioner that the Mill has wound up. However, in view of the names of the respondents 2 to 4 having been shown in the website of the first respondent, the private respondents 2 to 4 claiming that the property purchased by the petitioner is that of the Mill and therefore, they are entitled to have right over the same and thereby, they, being the Directors, are interfering with the rights of the https://hcservices.ecourts.gov.in/hcservices/

petitioner. Thus, the petitioner made a representation on the first respondent to pass appropriate orders in this regard.

3. Seeking a direction to the first respondent for consideration of the said representation dated 03.07.2015, this writ petition has been filed.

4. Considering the limited scope of the writ petition and without going into the merits of the case, this writ petition is disposed of directing the first respondent to pass appropriate orders on the representation of the petitioner dated 03.07.2015, after affording an opportunity to the petitioner as well as the respondents 2 to 4, within a period of eight weeks from the date of receipt of a copy of this order.

5. This writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar gg To The Registrar of Companies, Office of the Registrar of Companies, Sasthri Bhavan, Haddows Road, Chennai - 600 006.

+1cc to M/s. R. Poornima, Advocate, S.R.No.64692 +1cc to M/s. G. Hema, ACGSC., S.R.No.64739 SV(CO) EU(14/12/2015) W.P.No.36633 of 2015 https://hcservices.ecourts.gov.in/hcservices/