PKPN Spinning Mills v. Registrar of Companies Stock Exchange Building, Coimbatore
2013-12-13
V.DHANAPALAN
body2013
DigiLaw.ai
JUDGMENT 1. The petitioner namely M/s. PKPN Spinning Mills Pvt. Ltd. has moved this Court by way of these two writ petitions seeking a direction to the first respondent to register the increase in authorised share capital as per the relevant Form 5 filed by the petitioner with the prescribed fee paid on 27th November 2010 and for a direction to the 1st respondent to take on record Form No: 21 filed on 28th May 2012 under which the order of the Company Law Board was filed. 2. The 1st respondent herein has filed his counter affidavit and has stated in paragraph 4 as under : "4. The brief facts leading to the case is that the Petitioner herein, M/s. PKPN Spinning Mills Private Limited, is a company registered under the Companies Act, 1956 with registration No: 1034 under the jurisdiction of the office of the 1st Respondent. The petitioner has filed Form No: 5 and Form No: 23 on 27.11.2010 for raising its authorised capital from Rs. 1 Crore to Rs. 3 Crores vide (Service Request Number) SRN A99172280 and A99164428 respectively. One Mr.Gnanasekaran, a practising Company Secretary has wrote a letter dated 20.12.2010 (Annexure-A) to the 1st respondent stating that his digital key was mistakenly utilised in his absence and without his knowledge for endorsing the Form No:5 and Form No: 23 in question and he also requested to cancel his digital signatures from them. Further one, Shri Nutrajan who was leading a group of members of the petitioner company has complained in his letter dated 12.08.2011 (Annexure-B) that the special resolution for increasing the authorsied capital was passed without actually conducting the general body meeting/board meeting. The 1st Respondent took action over these complaints and suspended the registration of the said Form No. 5 and Form No. 23. In continuation of this, the 1st Respondent did not register the Form No: 2 dated 02.11.2010 filed by the company vide SRN A99781320 for allotment of shares accrued in lieu of increase in authorised share capital vide the suspended/blocked the Form No. 5 and unregistered the Form No. 21 vide SRN B40024671 dated 28.05.2012 for filing the order copy of Hon'ble Company Law Board concerning to the issue in petition. Aggrieved over this, the Petitioner has filed the above Writ Petition. 3.
Aggrieved over this, the Petitioner has filed the above Writ Petition. 3. On noticing the aforesaid averment in the counter, Mr.AR.L.Sundaresan learned Senior Counsel appearing for the petitioner would make a plea that the petitioner may be permitted to withdraw Form No: 5 and 21 filed by it in SRN A99781320 dated 02.11.2010 and SRN B40024671 dated 28.05.2012 for submitting the same afresh. This plea is not opposed by the learned Senior Central Government Standing Counsel appearing for the respondents. 4. In the light of the above stated position, both these writ petitions stand disposed of with liberty to the petitioner to approach the authorities concerned for withdrawing Form No: 5 and Form 21 and take further steps for submitting fresh applications in accordance with law. It is always open to the respondents to consider the same in accordance with law and pass appropriate orders thereon. Connected miscellaneous petitions are closed. There shall be no orders as to the costs.