SUDHIR VOHRA Vs. REGISTRAR OF COMPANIES AND ORS

JUDGEMENT

(1.) The present batch of writ petitions raise common issues with similar prayers and are being decided vide this common judgment.

(2.) The first writ petition bearing no. W.P.(C) No. 934/2012 has been preferred by Mr. Sudhir Vohra, an architect registered under the Architects Act, 1972 (hereinafter referred to as the "Act"), mainly seeking the issuance of a writ of mandamus directing the Registrar of Companies and Ministry of Corporate Affairs to not entertain registration applications from any "company" or "Limited Liability Partnership" (hereinafter referred to as "LLP") which states that it provides architectural services as of one of its objectives in its memorandum of association (hereinafter referred to as "MOA"). The Petitioner therein also prays for a direction to the Registrar of Companies and Ministry of Corporate Affairs to take timely action against the existing companies and LLPs which contain the provision of architectural services as one of their objectives, and initiate winding-up proceedings against those existing companies and LLPs that fail to delete such objectives from their MOA. He also makes an ancillary prayer for the issuance of a direction to the Council of Architecture (hereinafter referred to as "COA") and Ministry of Human Resource Development to take all possible steps to ensure the observance of professional ethics and standards set for architects under the Act.

(3.) The second writ petition bearing no. W.P.(C) No. 3975/2014 has been preferred by Mr. Anil Kumar Sharma and Mr. Sudhir Vohra (who has also preferred the first writ petition referred to hereinabove), both of whom are registered architects. The Petitioners therein seek a direction to the Ministry of Finance to cancel the permission granted to RSP Architects Planners and Engineers (PTE) Limited Singapore (hereinafter referred to as "RSP Singapore"), by the Ministry of Commerce and Industry vide its letter dated 08.01.1996, for setting up a wholly owned subsidiary company in India for providing services in architectural planning, design, civil engineering and construction management. It is pertinent to note that RSP Singapore's wholly owned subsidiary in India, i.e. M/S RSP Design Consultants India Private Limited (hereinafter referred to as "RSP India"), has been impleaded as a respondent in this second writ petition.