S. Srinivasan v. The Reserve Bank of India, Rajaji Salai, Chennai and another
2002-03-18
P.K.MISRA
body2002
DigiLaw.ai
ORDER: Heard, the learned counsels appearing for the parties. Though the matter was listed for considering the miscellaneous petition W.P.M.P. No.1065 of 2002 on consent of the counsels appearing for the parties, the writ petition is taken up for disposal. The petitioner is a shareholder of the respondent No.2 company. He had prayed for a direction in the writ petition, to direct the first respondent to appoint a fit and proper person as custodian to take over the management of the second respondent- Company and take immediate control and possession of the assets and properties. 2. In the counter affidavit filed on behalf of the first respondent, it has been stated inter alia as follows: “It is further submitted that in terms of Clause 1(i), (vi) read with the explanation to Clause 1 of notification No.GSR.555(E), dated 26th July, 2001, the Regulatory Authority is the Regional Director of DCA. A copy of the said notification is annexed herewith and marked as Annexure C. It is submitted that under that Notification, the Regional Director of DCA is empowered to appoint a special officer in respect of every such nidhi or mutual benefit company, which includes the second respondent, if it has violated the notifications or regulations framed by the regulatory authority with the approval of Central Government or failed to function in terms of the memorandum and articles of association.” 3. In view of such stand taken in the counter affidavit, the writ petition is disposed of with the observation that it would be open to the present petitioner to file an appropriate application before the Regional Director of Department of Company Affairs. It goes without saying if any such application is filed, same shall be considered by the appropriate authority, in accordance with law. No costs. Consequently, W.P.M.P. No.1065 of 2002 is closed.