The High Court · 2025
Case Details
Judgment
1. 2 The Union of lndia, Represented by its principal Secretary, Ministry of Corporate Affairs, New Delhr. . of.. Companies, Hyderabad, 2nd Floor, Corporate Bhawan, Registrar tsandlaguda, Nagole, Tattiannaram Village Hayatnagar Mandal, Ranga Reddy District, Hyderabad-500068, Telangana.- .,.PETITIONERS The Re_glonal Director, (South Region) 5th Floor, Shastri Bhawan 26 Haddows Road, Chennai-600006. 4. The Director, Serious Deendayal Antyodaya 110003. fraud lnvestigation Office (SFIO) 2 Bhawan CGO Complex, Lodhi Road nd Floor, Pt. New Delhi- ...RESPONDENTS
Petition under Article 226 ot rhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order, direction, or writ more particularly one in the nature of mandamus to declare the inactions of Respondent Nos. 2 to 4, in taking an action pursuant to the complaints dated 14.07.202s in initiating an inquiry into the affairs of tt//s. MBG commodities Private Limited after the receipt of complaints, as / ) illegal, arbitrary, void. and against, Articles 14 and 21 of tf e Constitution of lndia and consequently direct the Respondent Nos. 2 lo 4 lo take action upon the complaints dated 14.07.2025 and initiate inquiry, under Ser;tions 206, 207, and 212 of the Companies Act, 2013, into the affairs of M/s MBrl Commodities private Limited in relatron to unauthorised related party transactions and unlaMul dilution of shares. lA NO: 1 OF 2025 Petition under Section 15'1 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent Nos. 2 to 4 forthwith take action pursuant to the complaints dated 14 07 2025, rn the interest of justice. lA NO: 2 OF 2025 Petition under Section 151 cpc praying that in the ci-cumstances stated rn the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent Nos. 2 to 4 to forthwith "dispute mark" the ()ompany, M/s. MBG Commodities Private Limited, in the interest of justice. Counsel for the Petitioners: M/s. M. SREYAS REDOY Counsel for the Respondents: SRI A. KRANTI KUMAR REDDy, S.C. FOR CENTRAL GOVERNMENT WRIT PETITION NO: 2967o oF 2025 Between: 2 1 Mr. Ashok Kumar Mandhani, Aged about 57 years, Oc<;: Business, S/o. Late Sri Ganapalilal Mandhani, R/o.-Ram Darbar,'Dr No. 1.-t3-32l2, pl'ot No jg, Road No 38, Opp. BSNL Office Line, Daspatia Hiils, Visakhapatham 530003 Mr Raj Kumar Mandhani, Aged about 67 years, Occ: Business, S/o Late Sri -Mandhani, R/o.- 7, Temple Street, trtew lrvadi Road, Ganapatilal Kilpauk, Chennai - 600 0'10, Tamil Nadu I/lr Amit Mandhani, Age-d a!9ll_1q yeqrs, Orcc: Business, S/o Sri Raj Kumar lVlandhani, R/o H No. B-2-293t82tN104, Villa_104, Road No.1, Jubti6e Hiils, Hyderabad,500033 3 ANO 1 The Union of lndia Represented by its principal Sloretary, I\/inistry of Corporate Attairs. New Delhr. ...PETITIONERS J 2 3 Reoional Director, Telangana 3'd Floor, Corporate Bhawan Bandlaguda' 'rrtiii""rl"m Vitiage Havathnagar Mandal, Ranga Reddy District i'irEtrir, Hyderabad- 500068, Telangana Reoistrar of Companies' Hyderabad, znd Floor, Corporate. .Bhawan' Baidlaquda, Nagole, Tattiannaram Village Hayat Nagar Manoal' Kanga Reddy District, Hyderabad-500068, Telangana ...RESPONDENTS Petrtion under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order, direction, or writ more particularly one in the nature of mandamus to declare the actions of Respondent Nos 2 & 3' in not dispute marking the company, in not taking an action pursuant to the complaints dated 05 08.2025 and in not initiating an inquiry into the affairs of M/s Maheswari Mining and Energy Private Limited, after the receipt of the complaints dated 05.08 2025 and the sFlo direction letter dated 26.08.2025, as illegal, arbitrary, void, and against, Articles 14 and 21 of the constitution of lndia and consequently direct the RespondentNos.2and3totakeactionuponthecomplaintsdated05'08.2025 and the SFIO direction letter dated 26 OB ZO25 by dispute marking the Company and to initiate inquiry, under sections 206 and 207 of the companies Act, 2013, into the affairs of M/s Maheswari Mining and Energy Private Limited in relation to the unlawful replacement of the name of Parasnath lnvestments PTE Ltd., in the List of Shareholders in CCPS' to the name of Mr' Bijay Kumar Mandhani' in the interest of justice. lA NO: 1 OF 2025 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Nos.2 & 3 to forthwith "dispute mark" the company' M/s' MaheswariMiningandEnergyPrivateLimited,intheinterestofjustice. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dtrect the Respondent Nos. 2 and forthwith take action pursuant to the complalnts dated 05.08.2025, in the interest or justtce. l Counsel for the Petitioners: M/s. M. SREYAS REDDY Counsel for the Respondents: SRI ANGOTHU NEHRU, S.C. FOR CENTRAL GO\IERNMENT WRIT PETITIO N NO: 29689 OF 2025 Between: 1 Mr Ashok Kumar Mandhani, Aged about 57 years, ()oc. Business, S/o. Late Sri Ganapatilal Mandhani, R/o.-Ram Darbar, Dr No 'l 1-8-3212, Plot No. 1 8, Road No 38. Opp BSNL Office Line, Daspalla Hills, Visakhapatnam - 530003 Ivlr. Raj Kumar Mandhani, Aged about 67 years, Occ. Business, S/o. Late Sri Ganaphtrlal [\4andhani, R/o.- 7, Temple Street, Nerv Avadi Road, Kilpauk. Chennai - 600010, Tamil Nadu 2 .,,PETITIONERS AND 1 2 3 4 The Union of lndia, Represented by its Principa Secretary, lt/inistry of Corporate Affa irs. New Delhi. Regional Director, 3'd Floor, Corporate Bhawan Bandlaguda, Nagole, Tatliannaram Village Hayathnagar Mandal, Ranga Rt:ddy District Hyderabad- 500068, Telangana Registrar of Companies, Hyderabad, 2"d Floo-, Corporlte Bh3w91 Bandlaguda, Nagole, Tattiannaram Village Hayatnagzrr Mandal, Ranga Reddy District, Hyderabad-500068, Telangana. The Director, Serrous Fraud Investigation Office (SFIO) 2"d FIoor, Pt. Deendayal Antyodaya Bhawan CGO Complex, Loclhi Road New Delhi- 1 10003 .RESPONDENTS Petition under Article 226 of the Constitution of lrdia praying that in the circumstances stated in the affidavit filed therewith, th: High Court may be pleased to issue an order, direction, or writ more particularl'y one in the nature of mandamus to declare the actions of Respondent Nos. 2, 3 ernd 4, in not taking an action pursuant to the complaints dated 26.O7.2025 in not initiatrng an inquiry into the affairs of the companies after the receipt of complaints in not dispute marking the companies, as illegal, arbitrary, void, and against, Arlic:les 14 and 2'l of the Constitution of lndia and consequently direct the Responderrt Nos. 2, 3, and 4 to take action upon the complaints dated 26.O7.2025 by dispute marking the companies and to initiate tnquiry, under Sections 206, iL07, and 2'12 of the Companies Act. 2013, into the affairs of the Companies in relation to the illegal -7 l and unauthorized transfer of shares to l\ilis. Bijman Projects Private Limited, in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Nos. 2 to 4 to forthwith "dispute mark" the company, M/s. MBG Properties Private Limited and M/s. Mandhani Properties Private Limited, rn the interest of justice. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Nos. 2 to 4 forthwith take action pursuant to the complaints dated 26.07 2025, in the interest of justice. Counsel for the Petitioners: M/s. M. SREYAS REDDY Counsel for the Respondents: SRI N. BHUJANGA RAO, SRI ANGOTHU NEHRU, S.C. FOR CENTRAL GOVERNMENT DEPUW SOLICITOR GENERAL OF INDIA The Court made the following: COMMON ORDER /' HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION Nos.29OO3, 29670 e, 19689 of2025 COMM ON ORDER: When the matter is taken up for hearing, lt:arned counsel for the petitioners submits that, the similar and iclentical issue has beenelaboratelyconsideredbythisCouftinWritPetition No.34725 of 2Ol7 which reads as follows; t { 'ln uietu of the aforesaid submission, petitioner is directed- to submit fresh representotion bg enclosing a copA of earlier representation dated 15.05.2017 tt-tithin a peiod of four u'eeks from the date of receipt of this order. On such representation being made and utit'hin ttuo montls there from, respondent No'3 is directed to consirler the same and pass appropriale orders in accortiance u.tith latu, afier giuing ncttice and opportunitg to the Petitioner. Subject to the aboue direction, tfe writ petition is disposed of in respect of respondent I'los.1 to 3 stands d.isposed of and the Wit P'etition in respect oJ respondent No.4 stands disrtrssed' /Vo costs. " 2 !-\*-1t, 1n the present writ petitions
2. Since the issue involved squarely covered by the judgment of this Court referred, the present Writ petitions are disposed of directing the respondent authorities to follow the directions issued by this Court in Writ Petition No.34Z2S of 2OIZ and pass appropriate orders in accordance with law. Pending miscellaleous applications, if any, sha-Il stand closed. I To //TRUE COPY// 1 The Principal Secretary, Ministry of Corporate Affairs, & SECTION OFFICER Union of India, New ASSrsr;irDr/Rci3,ttf^'XA 'Hiif :?;nii,fl x,,".g,t1t#ffi Effii{rtst,il"5J:?,i,;...,fi,fi :",,:Hst ' A::fZt;:li',?,i88l%a1.",th Resion) 5th Froor, shastri Bhawan 26 Haddows 4. The Director, Serious ffi i;'i;,,""'.l,'vTJ,l3fi,:,'Ta'Jnfl tr,Bxl.t"i;f ,Rl j"'*5f "8.,il fi:i1?ffi ffi?;i,,,?,s",i:,:[il",??,"jss:?:"_?l?:,[",#,3?..ii3t 'ffi 6. One CC to M/s. M. SRE , 8. One CC to SRt ANGOTHU NEHRU, S.C. for Centrat Government [OpUC] n ^*ffffi:::#;;,::::1"1?J,.",,,.,, Government to sRl N. BHUJANGA RAO, Deputy soricitor Generat of lndia to SR' A ,odo"rs,t ,"J"",8?
10. Two CD Copies s MP BS 7 \ I HIGH COURT DATED:0611112025 t6C ,4 'I tl E S 14 rt a, 19 li0u 295 ,'i :: t, ,.: COMMON ORDER W.P. Nos: 29003,29670 & 29689 OF 2025 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS L.- ril.( \fl