A. Earnest Balasingh v. Registrar of Companies
(2017) 204 Comp Cas 9
In the High Court of Madras
WP (MD) 12850/2013
Before Justice M.V. Muralidaran
Decided on March 06, 2017

Relevancy of the case: Filing documents and applications of a company in electronic form with the Registrar of Companies

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 6)
• The Companies Act, 1956 (Section 209A(9), 391, 392, 393, 394, 397, 398)
• The Constitution of India, 1950 (Article 226)

Relevant Facts of the Case

• The petitioner filed this writ of mandamus alleging that Tinnevelly Diocesan Trust Association (TDTA) is attempting to alienate properties of TDTA illegally without following the provisions of the Company Act and procedures laid down in the Memorandum and Articles of the Company.
• Tinnevelly CSI Diocese is a religious unregistered institution and has an unregistered Constitution.
• The petitioner has also shared information about the mismanagement and incompetency of TDTA regularly with the first respondent.
• Further, he has referred to Section 398 of the Companies Act, 2013. This provision allows the Central Government to make rules related to filing documents and applications of a company in electronic form without prejudicing Section 6 of the Information Technology Act, 2000.

Opinion of the Bench

• The authorities have looked into the grievances of the petitioner and initiated the proceedings against TDTA after perusing records.
• The writ court is not the appropriate forum. Therefore, the petitioner has to seek a remedy before a competent court.

Final Decision

• The court found no merit in the writ petition.