In this writ petition, the Court addressed the maintainability of a challenge to amended Articles of Association by noting that a civil suit on the same subject is already pending in this Court, leading to the disposal of the petition.
No relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.12204 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.01.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.12204 of 2020 and W.M.P.No.14948 of 2020
Federation of CSITA Beneficiaries
& Stakeholders Association
... Petitioner
Vs.
... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to take necessary action based on the representation of the petitioner dated 23.01.2020 and 04.02.2020 to remove the amended clause 4 of the AoA of the 4th respondent company.
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W.P.No.12204 of 2020
For Petitioner : Mr.Jayesh B.Dolia, Senior Counsel for M/s.Aiyar and Dolia For R1 to R3 : Mr.K.Venkatasamy Babu, CGSC For R4 : Mr.V.Prakash, Senior Counsel for Mr.Adrian D. Rozaria
O R D E R
The Writ of Memorandum has been instituted to direct the
2nd respondent to take necessary action based on the representations of the petitioner dated 23.01.2020 and 04.02.2020.
be redressed in the manner known to law. It is brought to the notice of this Court that a Civil Suit challenging the amendment has already been instituted on
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W.P.No.12204 of 2020
the original side of the High Court of Madras in C.S.No.20 of 2016, which is pending. If at all the petitioner has got any right or grievance, they are at liberty
to initiate appropriate action to redress the grievances. Even if any such application or otherwise has been filed, undoubtedly the same would be subject to the locus to be raised by the other parties.
Consequently, the connected Miscellaneous Petition is closed.
18.01.2024
skr
Index : Yes
To
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No.5, Whites Road, Royapettah, Chennai – 600 014.
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W.P.No.12204 of 2020
S.M.SUBRAMANIAM, J.
skr
W.P.No.12204 of 2020
18.01.2024
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1 issue framed by the court
Whether a writ petition seeking direction to amend an authorized list entry is maintainable when a civil suit challenging the amendment is already pending
Federation of CSITA Beneficiaries and Stakeholders Association
Union of India
Registrar of Companies, Ministry of Corporate Affairs
Regional Director, Ministry of Corporate Affairs
Church of South India Trust Association
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
