Arya Iron and Steel Company Private Limited vs Ravi… — Company and Corporate | Bombay HC (2025)

Arya Iron and Steel Company Private Limited vs Ravi… — Company and Corporate | Bombay HC (2025)

What the court decided

AI extract

Outcome

Acceptance of Form DIR-12 by the Respondent No.2-Registrar of Companies in SRN No.AA8630765 quashed and set aside; ROC left free to decide any application on its own merits after hearing all parties; Petition allowed and disposed of; Interim Applications Nos. 364 of 2025 and 429 of 2025 disposed of as nothing survived.

Issue for consideration

Whether the acceptance of Form DIR-12 filed under SRN No.AA8630765 by the Respondent No.2-Registrar of Companies should be quashed and set aside.

Court's answer

From the averments in the Affidavit of the Deputy Registrar of Companies, there was an inadvertent error on the part of the Respondent No.2 in accepting the DIR-12 Form submitted by the Company.

Ratio / Principle

The order of acceptance of Form DIR-12 by the Respondent No.2-Registrar of Companies in SRN No.AA8630765 is quashed and set aside.

Key takeaways

The ROC is to decide any Application, if any, filed on its own merits after hearing all the parties.ratio¶49

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (coram Revati Mohite Dere & Dr. Neela Gokhale, JJ.), Writ Petition (L) No. 34716 of 2024, Ravi Maniram Arya v. Union of India & Ors., decided 25 April 2025. The Petitioner sought quashing and setting aside of the acceptance of Form DIR-12 filed under SRN No.AA8630765 by the Respondent No.2-Registrar of Companies. Acting on the Affidavit of Shri. Rajender Kumar, Deputy Registrar of Companies (dated 27 March 2025, taken on record), which stated that the second DIR-12 form was approved with human oversight in inadvertent error — the approving officer being unaware that an earlier DIR-12 had been rejected and marked NTBR inter alia owing to ongoing disputes between the Ravi Arya Group and the Pawan Arya Group and the filing of company petition CP No. 149 of 2017 under Sections 241 and 242 of the Companies Act, 2013 — the Court held there was an inadvertent error by the ROC, quashed and set aside the acceptance of the DIR-12 in SRN No.AA8630765, and left the ROC to decide any application on its own merits after hearing all parties. The Petition was allowed and disposed of; Interim Application No. 364 of 2025 (Arya Iron and Steel Company Pvt. Ltd.) and Interim Application No. 429 of 2025 (Pawan Kumar Arya) were disposed of as nothing survived. No precedent case-law was cited or relied upon.

2025:BHC-OS:7154-DB

2-wpl-34716-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION (L) NO.34716 OF 2024

Ravi Maniram Arya …..Petitioner Vs. Union of India & Ors. …..Respondents

WITH

THIRD PARTY APPLICATION FOR CC NO.129 OF 2025

WITH

INTERIM APPLICATION NO.364 OF 2025

IN

WRIT PETITION (L) NO.34716 OF 2024

Arya Iron and Steel Company Pvt. Ltd. ….. Applicant.

In the Matter in Between: Ravi Maniram Arya …..Petitioner Vs. Union of India & Ors. …..Respondents

WITH

INTERIM APPLICATION NO.429 OF 2025

IN

WRIT PETITION (L) NO.34716 OF 2024

….. Pawan Kumar Arya Applicant.

In the Matter in Between: Ravi Maniram Arya …..Petitioner Vs. Union of India & Ors. …..Respondents

Mr. Gaurav Joshi, Senior Advocate with Mr. Ankit Lohia & Mr. Priyank Daga, i/b. Mr. Priyank Daga, for the Petitioner.

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2-wpl-34716-2024.doc

Mr. Ashutosh Mishra with Mr. Jeel Shah & Mr. Ashish Mehta, for the Respondent Nos.1 and 2.

Mr. Shanay Shah with Mr. Vijay Nair, i/b. Mr. Arun Panickar, for the Applicant in IA/364/2025.

Mr. Karl Tamboly with Ms. Alya Khan with Mr. Akshat Tiwari, i/b. Vasi & Vashi, for the Applicant in IA/429/2025.

CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ. DATE : 25^th APRIL 2025.

P.C.:-

Heard learned counsel for the parties.

By this Petition, the Petitioner essentially seeks quashing

and setting aside of the acceptance of Form DIR-12 by the Respondent No.2-Registrar of Companies filed under SRN No.AA8630765.

Respondent No.2 has filed an Affidavit of Shri. Rajender Kumar, Deputy Registrar of Companies, Ministry of Corporate Affairs, Government of India, Maharashtra, Mumbai dated 27^th March 2025. The said Affidavit tendered today, is taken on record. The relevant portion from the said Affidavit in particular page 323, reads as under:

“As it is apparent from the records available that the 2nd DIR-12 form was approved with human oversight, as the

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2-wpl-34716-2024.doc

officer of Respondent No.2 approving the same was unaware of the Form DIR - 12 which was filed earlier which was already rejected and marked NTBR inter alia on the grounds that there is ongoing disputes between Ravi Arya Group and Pawan Arya Group and that the Petitioners has filed company petition bearing CP No. 149 of 2017 under Sections 241 and 242 of the Companies Act, 2013,

That it is most respectfully submitted and humbly prayed before this Hon'ble Court:

That this Hon'ble Court may kindly take note of the inadvertent error in processing DIR form having SRN AA8630765 and may decide the matter on merits as deem fit.

That this Hon'ble Court may kindly direct the Respondent to re-examine the Form DIR- 12 after giving an opportunity to the Petitioners to be heard”

From the aforesaid averments in the Affidavit, it appears that there is an inadvertent error on the part of the Respondent No.2 in accepting the DIR-12 Form submitted by the Company.

In view of the aforesaid, the order of acceptance of Form

DIR-12 by the Respondent No.2-Registrar of Companies in SRN No.AA8630765 is quashed and set aside.

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Needless to state, that the ROC to decide Application, if

any, filed on its own merits after hearing all the parties.

The Petition is allowed and disposed off in the aforesaid

terms.

In view of the disposal of the Petition, nothing survives for further consideration in the Interim Applications. The same are also disposed off.

(DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.)

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Gaikwad RD Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 29/04/2025 14:01:40