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Madras High CourtWP/25760/2024disposed of with direction

Dr.S.Abirami v. Ministry Of Corporate Affairs

2024-09-03Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Dr.S.Abirami ... Petitioner Vs.

1.The Ministry of Corporate Affairs, Office of the Regional Director, Southern Region, Chennai-600 006.

2.The Registrar of Companies, Tamil Nadu, Chennai-600 006.

3.Kudanthai Medical Centre Private Limited, Room No.101, 102, First Floor Property, No.2116/2B, New Railway Station Road, Kumbakonam, Thanjavur, Tamil Nadu, India-612 001.

... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the second respondent to take appropriate action on the complaint dated 14.10.2023 pending on the file of the first and second respondents against the third respondent Company and the Office bearers within a time fixed by this Court. For Petitioner :

Mr.S.Nirmal Aditya For Respondents : Mr.S.M.Parthasarathy for R1 and R2

O R D E R

This Writ Petition has been filed to direct the second respondent to take appropriate action on the complaint dated 14.10.2023 pending on the file of the first and second respondents against the third respondent Company and the Office bearers within a time fixed by this Court.

2. The case of the petitioner is that the third respondent Company induced the petitioner to invest the amount and assured that they will give the share and the petitioner also invested money, however, the share amount

was not given to the petitioner, thereby, the petitioner made a complaint dated 14.10.2023 before the first respondent and the first respondent has issued a notice dated 26.02.2024 to the second respondent to check with the veracity of the complaint, however, no action has been taken by the second respondent. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the second respondent is directed to dispose of the complaint of the petitioner, dated 14.10.2023, on merits and in accordance with law, within a specified period.

4. The learned counsel appearing for the respondents 1 and 2 has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs

the respondent to consider the complaint of the petitioner, dated 14.10.2023 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

03.09.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To 1.The Ministry of Corporate Affairs, Office of the Regional Director, Southern Region, Chennai-600 006.

2.The Registrar of Companies, Tamil Nadu, Chennai-600 006.

M.DHANDAPANI, J.

ssb 03.09.2024