HONOURABLE SRI JUSTICE VILAS V.AFZUL PURKAR WRIT PETITION No.34104 of 2011 Dt:- 26.12.2011 Between:- M/s.PInakini Sheep Farms (P) Ltd., Rep. by its Managing Director and others … Petitioners and Union of India, rep. by its Regional Director and others … Respondents This Court made the following:- HONOURABLE SRI JUSTICE VILAS V.AFZUL PURKAR WRIT PETITION No.34104 of 2011 ORDER: - Petitioners seek a writ of Mandamus against the Registrar of Companies, compelling the Registrar to initiate action on the petitioners’ complaint against the 3rd respondent. The complaint of the petitioners, dated 17.10.2011, alleges that the 3rd respondent who has filed documents before the Registrar of Companies representing the 1st petitioner-company herein are unauthorized; that the complaint also states that a criminal case was already registered and disposed of; that civil proceeding with respect to the dispute between the petitioners and the 3rd respondent is already pending; that there also appears to be another crime registered arising out of criminal complaint filed by the petitioners against the 3rd respondent. In the light of the said contest between the petitioners and the 3rd respondent pending before the civil and criminal courts referred to above, I am unable to appreciate as to how Registrar of Companies can adjudicate upon the complaint of the petitioners as obviously Registrar of Companies cannot state as to whether the person filing the statutory forms is authorized representative of the Company or not as those are matters which are being disputed by the petitioners and are already subject matter of proceedings before the civil and criminal courts. In that view of the matter, while leaving petitioners with the liberty to prosecute the civil and criminal proceedings referred in the complaint, the writ of Mandamus sought for cannot be granted. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. ____________________________ VILAS V. AFZULPURKAR, J 26.12.2011 lmv HONOURABLE SRI JUSTICE VILAS V.AFZUL PURKAR WRIT PETITION No.34104 of 2011 26.12.2011 lmv