JAGDISH CHANDER Vs. ATMA RAM SAH
LAWS(DLH)-2013-1-104
HIGH COURT OF DELHI
Decided on January 11,2013

JAGDISH CHANDER Appellant
VERSUS
Atma Ram Sah Respondents

JUDGEMENT

- (1.)The petitioner filed a WP (C) No.6174/2011 seeking certain directions against the Registrar of Companies ("ROC? for short) for not making available copies of documents as directed by the appellate authority dated 30.09.2011 in respect of M/s.Sequin Medicinals Private Limited and M/s. Densons Poly Products Limited.
(2.)The writ petition was taken up on 24.10.2011 by the learned single Judge when learned counsel for the respondent appeared and informed that copies of the documents had been provided free of costs to the petitioner.
However, the petitioner submitted that the documents would show that the files had not been numbered and that the documents were not certified as being true copies by the respondent.

On 28.02.2012, the order records that the respondent provided copies of complete files maintained in relation to the three companies with which the petitioner was concerned. It also records the direction of the court that the petitioner should identify the documents of which he wants certified copies and apply under the Companies Act, 1956 for obtaining the certified copies thereof. On such application being made, the certified copies were to be made available to the petitioner without any delay. The writ petition stood disposed of.

(3.)The petitioner filed a Contempt Case (Civil) No.439/2012 in effect seeking compliance of the order dated 24.10.2011 and 28.02.2012. The learned single Judge on 13.07.2012 recorded that it appeared from the reading of the contempt petition that the grievance of the petitioner was that there were certain documents which were missing from the file as also that certain other documents were incomplete qua which he had moved an application before the ROC on 16.05.2012 and 17.05.2012.
Notice was issued to the ROC returnable on 16.08.2012. On 16.08.2012, the Assistant Registrar, ROC was present. The court recorded that it was even earlier noticed in the order dated 13.07.2012 that the petitioner had not provided the requisite information i.e. the dates on which the documents were filed for further inquiry to be conducted with regard to the documents alleged to be missing from the file of the ROC.



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