Point of Law: There were no grounds for the Regional Director either to have made any negative observations before the Hon''ble High Court of Karnataka at the time of merger nor are there any tenable grounds to seek annulment/ revocation of the approved merger

ORDER :

This is third petition in succession filed by 'India Awake for Transparency' against different authorities to initiate action in the matter of acquisition of shares and amalgamation of Company. In all the cases, Shri. Ganesh, learned Senior Advocate appearing for private respondent has raised a preliminary objection with regard to maintainability of writ petitions. In substance, the preliminary objection is, petitioner has filed a public interest litigation registered as W.P.No.3635/2020 with a prayer inter alia for issuance of a writ of mandamus and to direct respondents No.1 to 10 therein to constitute a multi-disciplinary investigation team to investigate and prosecute Mr.A.H.Premji (respondent No.11 therein) and his associates for the offences alleged to have been committed by them, set out in petitioner's representations submitted to respondents No.1 to 6 therein. The Ministry of Corporate Affairs against whom a direction is sought in this writ petition was arrayed as respondent No. 2 in the said PIL. Petitioner has unconditionally withdrawn the PIL. Thereafter, it has filed five separate writ petitions against various statutory authorities. W.P. No. 13838/2020 is against SEBI, W.P. No.12073/2020 is against Enforcement Directorate, W.P. No.11482/2020 is against Reserve Bank of India (RBI). All three writ petitions have been dismissed.

2. Shri. Ganesh has submitted that this writ petition is directed against the Ministry of Corporate Affairs which was second respondent in the PIL. In view of unconditional withdrawal of the PIL, this petition is not maintainable and liable to be dismissed.

3. I have carefully considered rival contentions and perused the records.

4. In the PIL, the Ministry of Corporate affairs is respondent No.2. It is arrayed as first respondent in this writ petition. In the PIL, petitioner has sought for a direction against respondents No. 1 to 10 therein to forthwith constitute a Multi-Disciplinary Investigation Team to investigate and prosecute respondent No.11 therein (Mr. A.H. Premji and his Associates) based on the representations dated January 30, 2020 and February 3, 2020 submitted by the petitioner.

5. In this writ petition, petitioner has prayed for a direction against respondent No.1 to act on the basis of information given by him on March 14, 2017, January 30, 2020, November 9, 2020.

6. Shri. C.V. Nagesh, learned Senior Advocate for respondent No.5 argued that petitioner has approached Delhi High Court also in WP(C) No. 4905/2017 with a prayer inter alia to direct Department of Financial Services, Ministry of Finance, Ministry of Corporate Affairs and the RBI to take action on its complaints dated November 1, 2016, March 14, 2017 and April 28, 2017. By its order dated May 29, 2017, a Division Bench of Delhi High Court has disposed of the said writ petition with a direction to the Ministry of Finance and the Ministry of Corporate Affairs to examine the complaints. Pursuant thereto, Ministry of Corporate Affairs has passed an order dated November 10, 2017.

7. Shri. Nagesh further submitted that petitioner has also filed a private complaint against the Secretary, Ministry of Corporate Affairs with a prayer to register an 'Information Report' on the basis of petitioner's three letters mentioned therein and to direct an investigation. He submitted that in the said private complaint, list of persons allegedly involved in the commission of offences have been mentioned in the schedule and they are not shown as accused in the cause-title. He argued that such a private complaint is alien to the standard practice because, the accused are required to be described in the cause-title.

8. Shri. Nagesh further submitted that petitioner Company is no more in existence pursuant to orders passed by the Regional Director, Ministry of Corporate Affairs on August 17, 2018 revoking the licence issued to the petitioner -Company.

9. Shri. Nagesh further submitted that petitioner has approached Delhi High Court with a pr