Cheran Enterprises Private Ltd., v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.27256 of 2021 Cheran Enterprises Private Ltd., Rep. by its Managing Director, Mr.K.C.Palanisamy ... Petitioner Vs.

1.The Union of India Rep. by its Secretary to Government Ministry of Corporate Affairs, "A" Wing, Shastri Bhavan, Dr.Rajendra Prasad Road, New Delhi - 110 001.

2.The Registrar of Companies Tamil Nadu - Coimbatore, Office of the Registrar of Companies AGT Business Park, Avinashi Road, Civil Aerodrome Post, Coimbatore.

3.Nandakumar Athappan 4.Ramaswamy Athappan (R3, R4 impleaded vide order dated 28.07.2022 made in WMP.28367/2021 in WP.25799/2021 by AQJ) 1/6

5.Ore Holdings Limited Rep. by R.Ravichandran Power of Attorney (R5 impleaded vide order dated 28.07.2022 made in WMP.28822/2021 In WP.25799/2021 by AQJ) ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to re-active / make available the e-filing link of the MCA21 Portal in so far as the petitioner Company is concerned and to permit the petitioner to e-file the statutory documents relating to the petitioner Company from the year 2012 onwards till date.

For Petitioner : Mr.P.S.Raman Senior Counsel for M/s.Genicon Legal LLP For Respondents : Dr.G.Babu for R1, R2 Central Government Senior Standing Counsel Mr.J.Sivanandaraaj for R3, R4 Senior Counsel for M/s.Ridhima Sharma Mr.K.Gowtham Kumar for R5

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to re-active / make available the e-filing link of the MCA21 Portal in so far as the petitioner Company is concerned and to permit the petitioner to e-file 2/6

the statutory documents relating to the petitioner Company from the year 2012 onwards till date.

2.The learned Senior Counsel appearing for the petitioner submitted that the petitioner is a joint venture company and there is dispute between the petitioner and respondents 3 to 5. Pending dispute, the petitioner approached the second respondent for opening e-portal so as to enable the petitioner to e-file the statutory documents relating to the petitioner Company from the year 2012 onwards till date and the said request was rejected by the second respondent stating that there exists dispute between the parties and directed the petitioner to approach the competent Court and to obtain order.

3.The learned Senior Counsel appearing for the petitioner further submitted that once the dispute is over inbetween the petitioner and the private respondents, this Court may permit the succeeding party for opening e-portal for uploading the documents in accordance with law. If at all the private respondents have any grievance, the second respondent may be directed to hear the private respondents and to pass appropriate orders.

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4.The learned Senior Counsel appearing for the respondents 3 and 4 submitted that during the pendancy of this writ petition, the third respondent passed away and further submitted that if any application is filed by the petitioner before the second respondent, this Court may issue direction to the second respondent to provide opportunity to the respondents 4 and 5 and thereafter to pass orders. 5.Since the third respondent passed away during the pendancy of this writ petition, the claim as against the third respondent is abated.

6.Considering the submissions made on either side, this Court directs that after the dispute is over inbetween the petitioner and the private respondents, the succeeding party is permitted to approach the second respondent for opening e-portal for uploading the documents in accordance with law. If the succeeding party approaches the second respondent, the second respondent shall issue necessary notice to the other parties and after providing opportunity to the other party, pass appropriate orders, as expeditiously as possible.

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7.The writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

19.08.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Union of India Rep. by its Secretary to Government Ministry of Corporate Affairs, "A" Wing, Shastri Bhavan, Dr.Rajendra Prasad Road, New Delhi - 110 001.

2.The Registrar of Companies Tamil Nadu - Coimbatore, Office of the Registrar of Companies AGT Business Park, Avinashi Road, Civil Aerodrome Post, Coimbatore.

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M.DHANDAPANI,J.

pri And W.M.P.No.27256 of 2021 19.08.2024 6/6