Madhya Pradesh High Court
Sanil P. Sahu vs The Registrar Of Companies,Madhya ... on 7 December, 2017
THE HIGH COURT OF MADHYA PRADESH
WP-8785-2012
(SANIL P. SAHU & OTHERS Vs THE REGISTRAR OF COMPANIES,MADHYA PRADESH
AND CHHATTISGARH)
Gwalior, Dated : 07-12-2017
Shri Amit Lahoti and Shri Brijesh Tyagi, learned
counsel for the petitioners.
None for the respondent, though served.
Heard on admission.
The present petition has been preferred by the petitioners against the inaction of the respondent- Registrar of Companies, whereby the respondent is sitting tight over the application/complaint filed by the petitioners.
According to learned counsel for the petitioners, the instant petitioners are Directors of a Company namely Vishwa Organics Private Ltd., registered under the Companies Act of 1956. However, giving wrong information, an application along with Form No. 32 has been submitted before the Registrar of Companies entailing in removal of the petitioners as Directors. The grievance of the petitioners is that they never submitted such Form No.32 for their removal from the Board of Directors. They were always part of the organization and they always wanted to remain as Directors. Some mischief has been played by the person who has done this by suppressing the clauses of Articles of Association. He submits that an appropriate application has been preferred by the petitioners before the Registrar of Companies on 10/10/12, but the same is still pending consideration.
After service of notice, respondent did not turn up. Therefore, on last date of hearing, this Court vide order dated 5/12/17, had placed the matter today for consideration of the prayer of petitioners.
Heard, counsel for the petitioners.
From perusal of the documents, it is apparent that petitioners have preferred an application challenging the order of their removal from the Board of Directors in the organization namely M/s Vishwa Organics Private Limited and seeking inclusion of their names as Directors as some mischief is allegedly committed to oust them from the Board of Directors. This Court cannot go into the details of the proceedings leading to removal of the petitioners from the Board of Directors, but the application which is pending before the respondent- Registrar ought to have been decided by now. Such long pendency before the Registrar of Companies leads to more disputes.
Therefore, in the interests of justice, without adverting on the merits of the case, respondent-Registrar of Companies is directed to consider the application dated 10/10/12 (Annexure P/4) preferred by the petitioner, as per law, and pass an appropriate order, under due intimation to the petitioners. The necessary exercise be completed within two months from the date of receipt of certified copy of this order.
With the aforesaid directions, the petition stands disposed of.
(ANAND PATHAK) JUDGE (and)