R.Devadoss v. The Regional Dirctor (South Region)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 08.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR R.Devadoss ... Petitioner Vs
1. The Regional Director (South Region), Office of the Registrar of Companies, 5th floor, Sasthri Bhavan, No.26, Haddows Road, Chennai 600 006.
2. The Registrar of Companies, Office of the Registrar of Companies, Tamil Nadu, Sasthri Bhavan, second floor, Haddows Road, Chennai 600 006.
3. The Assistant Registrar of Companies, Office of the Registrar of Companies, Tamil Nadu, Sasthri Bhavan, second floor, Haddows Road, Chennai 600 006.
4. M/s Shivasankar Reas Assest Private Limited, rep. by its Director Mr.Ashokan, No.1/460, Mount Poonamallee Road, Iyapanthangal, Chennai.
...Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India seeking issuance of Writ of Mandamus directing the first respondent - Regional Director to consider by blacklisting the fourth respondent M/s Sivashankar Real Asset Pvt. Ltd. and its directors and pass orders in the appeal petition filed by the petitioner before the first respondent on 14.10.2023.
For Petitioner : Mr.K.M.Balaji For Respondents : Mr.K.S.Jeyaganesan, Senior Central Govt. Panel Counsel
ORDER
The petitioner herein seeks a direction to the first respondent to consider the blacklisting of the fourth respondent, by considering his appeal petition dated 14.10.2023 filed before the first respondent.
2. The petitioner submitted a representation before the third respondent seeking action against the fourth respondent on certain allegations. The said representation was rejected by the third respondent on the ground that the allegations made by the petitioner against the fourth respondent could not be gone into by him, since the matter did not fall under the provisions of the Companies Act.
Aggrieved by the same, the petitioner filed an appeal before the first respondent dated 14.10.2023.
3. A perusal of the typed set would indicate that the appeal filed by the petitioner was received by the first respondent only on 21.01.2024. The grievance of the petitioner is that the appeal petition filed by the petitioner has not been considered till date in accordance with law.
4. In view of the limited grievance expressed by the petitioner, this Court, without going into the merits of the allegations made by him and the jurisdiction of the respondents authorities to consider the same, is inclined to direct the first respondent to consider the appeal petition filed by the petitioner dated 14.10.2023 received by the first respondent on 21.02.2024 and to pass final orders on its own merits, within a period of eight weeks from the date of receipt of copy of this order.
5. With the above direction, this writ petition is disposed of .
Connected miscellaneous petition is closed.
08.01.2025 Index:Yes/No Internet:Yes/No mst To
1. The Regional Director (South Region), Office of the Registrar of Companies, 5th floor, Sasthri Bhavan, No.26, Haddows Road, Chennai 600 006.
2. The Registrar of Companies, Office of the Registrar of Companies, Tamil Nadu, Sasthri Bhavan, second floor, Haddows Road, Chennai 600 006.
3. The Assistant Registrar of Companies, Office of the Registrar of Companies, Tamil Nadu, Sasthri Bhavan, second floor, Haddows Road, Chennai 600 006.
S.SOUNTHAR, J.
mst 08.01.2025