Madras High CourtWP(MD)/12977/2020disposed of

B.Einsteen v. The Registrar Of Companies

2023-10-18Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH E.Einsteen ... Petitioner vs.

1.The Registrar of Companies, Ministry of Corporate Affairs, Block No.6, "B" Wing, 2nd Floor, Shanthi Bhavan, D.No.26, Haddows Road, Chennai 600 006.

2.The Regional Director, Ministry of Corporate Affairs, Southern Region, Chennai 600 006.

3.J.Jeyakumar Christdoss ... Respondents (R3 was impleaded vide of this Court in W.M.P.(MD)No.14445 of 2020, dated 04.10.2023) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to initiate penal action against Bishop J.J.Christdoss of Tirunelveli Diocese under Section 448 of Companies Act 2013 in accordance to the order of the 2nd respondent dated 31.12.2018.

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For Petitioner :Mr.S.Kumar For R1 and R2 :Mr.S.Jeyasingh For R3 :Mr.T.A.Ebenezer *****

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing first respondent to initiate action against the third respondent in accordance with the order passed by the second respondent dated 31.12.2018.

2.The respondents 1 and 2 have filed a counter affidavit. On a reading of the counter affidavit, it is seen that the first respondent had already taken steps to initiate action against the concerned Bishop in line with the order passed by the second respondent and that the first respondent was only awaiting for the necessary confirmation/clarification from the Central Government. This counter affidavit was filed in the year 2020.

3.Taking into consideration the facts and circumstances of the case, if the first respondent has not taken any final decision/action in line with 2/4

the order passed by the second respondent, the same shall be followed up and the process shall be completed within a period of six weeks from the date of receipt of a copy of this order. If there has been any subsequent development, that has been taken place, the same shall be taken note by the first respondent, if no final action has been taken by the first respondent till now.

4.This Writ Petition is disposed of in the above terms. No costs. Index :Yes / No 18.10.2023 Internet :Yes NCC : Yes/No cmr 3/4

N.ANAND VENKATESH, J.

cmr 18.10.2023 4/4