LAWS(BOM)-2022-10-225

MOORGATE INDUSTRIES INDIA PRIVATE LIMITED (FORMERLY STEMCOR INDIA PRIVATE LIMITED) Vs. REGISTRAR OF COMPANIES (WESTERN REGION)

Decided On October 21, 2022
Moorgate Industries India Private Limited (Formerly Stemcor India Private Limited) Appellant
V/S
Registrar Of Companies (Western Region) Respondents

JUDGEMENT

(1.) Petitioner No.1 is a company incorporated under the Companies Act, 1956. Petitioner No.2 is an executive director of Petitioner No.1. The Petitioners by way of the present Writ Petition are challenging legality and validity of the impugned order dtd. 3/4/2019 passed by the Deputy Registrar of Companies, NCT Delhi and Haryana (hereinafter referred to as "ROC"). By said impugned order dtd. 3/4/2019, complaint of the Petitioner No.1 made to Respondent No.1- Registrar of Companies (Western Region) about the non-issuance of duplicate certificate by Respondent No.3-Mideast Integrated Steels Limited (hereinafter referred to as "MISL"), non- payment of dividend and non-receipt of notice for general meeting was dismissed on the ground that dispute is subjudice before the High Court of Judicature at Bombay vide Commercial Suit (L) No.368 of 2017 titled as Twenty First Century Finance Limited vs. Moorgate Industries India Private Limited and Ors.

(2.) Before setting out the rival contentions and consideration of the same, it is necessary to set out certain factual aspects as emanating from the Writ Petition.

(3.) In the above background, on 13/8/2019, the present writ petition has been filed inter alia impugning the decision dtd. 3/4/2019 of the Respondent No.1.