R.Venkatanarayanan v. Government Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR & W.M.P.No.24233 of 2017 R.Venkatanarayanan ... Petitioner Vs.
1.Government of India Ministry of Corporate Affairs Shastri Bhavan, 'A' Wing, 5th floor, Dr.Rajendra Prasad Road New Delhi-110 001
2. Government of India Ministry of Corporate affairs Office of Regional Director Southern Region, Chennai 5th floor, 'A' Wing Shastri Bhavan, 26 Haddows road Chennai-600 006 3.The Registrar of Companies 2nd floor, Shastri Bhavan 26, Haddows road Chennai-600 006 4.Adambakkam Janopakara Saswatha Nidhi Ltd A registered Company incorporated under the Companies Act
represented by its Secretary No.107/62, Pudupet Street Alandur, Chennai-600 016 ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 herein to conduct fresh enquiry and give comprehensive report regarding entire case in Ref.F.No.ROC.Chn/IPC/104/2014 dated 24.03.2016 on the file of the 3rd respondent in accordance with law and consequently direct the 4th respondent to renew the deposits of the petitioner available (with them) with due interest and with effect from 21st November 2013. For Petitioner : Mr.K.Hariharan For Respondents : Mr.K.S.Jeyaganeshan, SPC for R1 to 3 Mr.K.Vijayaraghavan for R4
O R D E R
Writ Petition is filed, seeking a direction to the respondents 1 to 3 herein to conduct fresh enquiry and give comprehensive report regarding entire case in Ref.F.No.ROC.Chn/IPC/104/2014 dated 24.03.2016 on the file of the 3rd respondent in accordance with law and consequently direct the 4th respondent to renew the deposits of the petitioner available (with them) with due interest and with effect from 21st November 2013.
2. The grievance of the petitioner is that the petitioner has deposited a
sum of Rs.1,13,000/- with the 4th respondent from November 2013 till 11.09.2014 and according to him though other depositors deposits have been renewed the petitioner has been singled out his deposit has not been renewed. on the contrary, after one year the amount has been paid through RTGS on 11.09.2014 though the maturity date was 11.09.2013, hence the contention that he being a minority share holder he has been singled out. the reason assigned by the respondent is not correct and therefore seeks a direction .
3. Heard the learned counsel on either sides.
4. Learned counsel appearing for the petitioner would submit that the petitioner has been singled out for the reason for not producing the deposits receipt therefore same is not valid in the eye of law. However, as the principal amount has been paid as amount has been retained even after maturity is not paid immediately. Therefore, he is entitled to interest.
5. Learned counsel appearing for the 4th respondent would submit that
they are ready to pay interest from date of maturity from 19.11.2013 till 11.09.2014 at the rate of 6%. However considering the entire issue, this Court directs the respondents to pay interest from 19.11.2013 till 11.09.2014 at the rate of 7% within a period of four weeks from today. Accordingly, Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 30.09.2022 kpr Internet:Yes Speaking/Non speaking order To
1.Government of India Ministry of Corporate Affairs Shastri Bhavan, 'A' Wing, 5th floor, Dr.Rajendra Prasad Road New Delhi-110 001
2. Government of India Ministry of Corporate affairs Office of Regional Director Southern Region, Chennai 5th floor, 'A' Wing Shastri Bhavan, 26 Haddows road Chennai-600 006 3.The Registrar of Companies 2nd floor, Shastri Bhavan 26, Haddows road Chennai-600 006 4.The Secretary Adambakkam Janopakara Saswatha Nidhi Ltd A registered Company incorporated under the Companies Act No.107/62, Pudupet Street Alandur, Chennai-600 016
N. SATHISH KUMAR, J.
kpr & W.M.P.No.24233 of 2017 30.09.2022