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2023 Supreme(Mad) 1464

ANITA SUMANTH
Sri Krishna Sweets and Food Products (Chennai) Pvt. Ltd. – Appellant
Versus
Joint Director, Ministry of Corporate Affairs, Regional Director, – Respondent


Advocates appeared:
For the Petitioner:Satish Parasaran Senior Counsel, R. Parthasarathy, Advocate. For the Respondents:R1, Venkaswamy Babu, Senior Panel Counsel, Athiban Vijay, R2, K. Gowtham, Advocates.

JUDGMENT

(Prayer:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Prohibition, prohibiting the 1st respondent from exercising jurisdiction in the impugned proceedings before the 1st respondent, pertaining to the application filed by the 2nd respondent under Section 16 of the Companies Act, 2013, for rectification of the name of M/s.Sri Krishna Sweets and Food Products (Chennai) Pvt. Ltd., and to direct the 1 st respondent to terminate the said proceedings with immediate effect as the same are wholly lacking in jurisdiction and unconstitutional.)

1. The petitioner seeks a writ of prohibition calling for the records of the first respondent, being the Joint Director, Ministry of Corporate Affairs (R1) and a direction to him to terminate the proceedings pending before him, with immediate effect. The premise of the challenge is that the proceedings are lacking in jurisdiction and ex-facie, barred by limitation.

2. The second respondent, Sri Krishna Sweets Pvt. Ltd., had filed an application on 27th October 2016 under Section 16 of the Companies Act, 2013 (in short ‘2013 Act’) seeking rectification of the name of the petitioner ‘Sri Krishna Sweet

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