Roopa Dileep v. Registrar Of Companies,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.40537 of 2025 Roopa Dileep ... Petitioner Vs.
1.Registrar of Companies, Coimbatore, 1st Floor, AGT Business Park, Avinashi Road, TNHB Colony, Indira Nagar, Civil Aerodrome Post, Coimbatore, Tamil Nadu - 641 014.
2.Serious Fraud Investigation Office, Regional Office, Chennai, Corporate Bhawan, Ground Floor, No.29, Rajaji Salai, Chennai - 600 001.
3.M/s.Kellax Surgicals Private Limited, [CIN:U74999TZ2018PTC030215], No.58, Gokule Street, Ramnagar, Coimbatore, Tamil Nadu - 641 009, Represented by its Managing Director.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 2nd respondent to investigate the petitioner's complaint dated 09.02.2024 bearing registration number J00090510 pending on the file of the 1st respondent. Page No.1 of 6
For Petitioner : Mr.M.D.Jidesh Kumar For Respondents : Mr.K.Srinivasa Murthy Senior Panel Counsel, Central Government [R1 & R2] Mr.C.Vigneswaran [R3] *****
ORDER
This Writ Petition has been filed by the petitioner seeking for a Writ of Mandamus, to direct the 2nd respondent to investigate the petitioner's complaint dated 09.02.2024 bearing registration number J00090510 pending on the file of the 1st respondent.
2. Though the petitioner has filed W.M.P.No.40537 of 2025 seeking to list the present writ petition for hearing at the earliest possible date as per the convenience of this Court, he has consented for the disposal of the main writ petition itself.
3. The case of the petitioner is that he is a erstwhile director and shareholder of the 3rd respondent company. After purchasing the shares of the 3rd respondent company, he found that the affairs of the 3rd respondent company were not property and there is oppression and mismanagement of its affairs by the other Directors of the 3rd respondent and the 3rd Page No.2 of 6
respondent has failed to convene meeting regarding management of the affairs of the company and statutory returns were not filed periodically. Being aggrieved by the same, the petitioner has filed a complaint in CP/79(CHE)/2022 before the National Company Law Tribunal, Chennai Bench - I. He also filed a case in Spl.C.C.No.5 of 2022 before the I Additional District Judge, Principal District Court, Coimbatore. In addition to the above, the petitioner, vide letter dated 09.02.2024 highlighted all the above facts to the 1st respondent and requested the 2nd respondent to invoke the powers mandated u/s 212(1) r/w Section 208 of Companies Act, 2013 to accept the complaint and consequently requested the 2nd respondent to investigate into the affairs of the 3rd respondent including the issues pertaining to the cash agreement with the German Entity, which was registered as J00090510. However, till date, the 2nd respondent has not investigated the complaint filed by the petitioner. Hence, the petitioner has filed this writ petition before this Court for appropriate orders.
4. When the matter was taken up for hearing today, the learned counsel appearing for the 3rd respondent submitted that the petitioner has filed complaints before the 1st respondent as well as the NCLT alleging Page No.3 of 6
the same set of allegations against the 3rd respondent company and other directors of the said company. Hence, he submitted that the complaints filed by the petitioner before the 1st respondent and the NCLT shall not be considered parallelly. Accordingly, he prays for dismissal of the writ petition.
5. The learned Senior Panel Counsel appearing for the respondents 1 and 2 submitted that the case filed by the petitioner before the NCLT deals with the same subject matter which was been alleged in the complaint filed by the petitioner before the 1st respondent. Unless the petitioner establishes that the complaint filed before the 1st respondent is nothing to do with the complaint already filed before the NCLT, the present writ petition filed by the petitioner shall not be entertained by this Court. Accordingly, he prays for dismissal of this writ petition.
6. In response, the learned counsel appearing for the petitioner submits that this Court may grant liberty to the petitioner to make a fresh complaint before the 1st respondent after the disposal of the complaint filed by him before the NCLT.
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7. Recording the same, this Writ Petition is disposed of, granting liberty to the petitioner to work out his remedy in the manner known to law, after disposal of the complaint filed by him before the National Company Law Tribunal, Chennai Bench. No costs. Consequently, the connected miscellaneous petition is closed.
27.10.2025 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Registrar of Companies, Coimbatore, 1st Floor, AGT Business Park, Avinashi Road, TNHB Colony, Indira Nagar, Civil Aerodrome Post, Coimbatore, Tamil Nadu - 641 014.
2.The Serious Fraud Investigation Office, Regional Office, Chennai, Corporate Bhawan, Ground Floor, No.29, Rajaji Salai, Chennai - 600 001.
Page No.5 of 6
M.DHANDAPANI, J.
sp 27.10.2025 Page No.6 of 6