SAVITRI SRIKAR NAG v. THE REGISTRAR OF COMPANIES, KARNATAKA
WP/2167/2025 · 2025-03-14
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13805 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13805 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10616 WP No. 2167 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2167 OF 2025 (GM-RES) BETWEEN:
1.
SAVITRI SRIKAR NAG, AGED ABOUT 44 YEARS, SON OF SAVITRI PURUSHOTTAM, SAVITRI NILAYA, H.NO.8-11-899/2/139, ASHIRWAD NAGAR, BOLMANDODDI ROAD, RAICHUR, KARNATAKA - 584 101.
2.
SAVITRI BHAVANA, WIFE OF SAVITRI SIRKAR NAG, AGED ABOUT 39 YEARS, SAVITRI NILAYA, H NO.8-11-899/2/139, ASHIRWAD NAGAR, BOLMANDODDI ROAD, RAICHUR, KARNATAKA - 584 101. …PETITIONERS (BY SRI. SRIKANT MOHAN, ADVOCATE) AND:
1.
TE REGISTRAR OF COMPANIES, KARNATAKA MINISTRY OF CORPORATE AFFAIRS, KENDRIYA SADAN, 2ND FLOOR, E WING, KORAMANGALA, BENGALURU - 560 034.
2.
THE REGIONAL DIRECTOR, SOUTH EAST REGION, MINISTRY OF CORPORATE AFFAIRS,
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:10616 WP No. 2167 of 2025
3RD FLOOR, CORPORATE BHAWAN, BANDLAGUDA, NAGOLE, TATTIANNARAM VILLAGE, HAYAT NAGAR MANDAL, RANGA REDDY DISTRICT, HYDERABAD - 500 068, TELANGANA. …RESPONDENTS (BY SRI. K. ARAVIND KAMATH, ASGI)
THIS WP IS FILED UNDE ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO THE RESPONDENTS TO REJECT AND NOT TAKE ON RECORD THE LLP FORM NO.3 VIDE ANNEX-L AND LLP FORM NO.4 VIDE ANNEX-M FILED DATED 16.11.2024 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER The petitioners are before this Court seeking the following prayers:
"a) Issue a Writ of Mandamus, or any other appropriate Writ to direct the Respondents to reject and not take on record the LLP Form No.3 marked as Annexure -L and LLP Form No.4 marked as Annexure - M filed dated 16.11.2024.
b) Direct the Respondents not to take on record the LLP Form No.3 and LLP Form No.4 filed by the erring partners until the matters under sub-judice are settled by the Hon'ble jurisdictional Courts.
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NC: 2025:KHC:10616 WP No. 2167 of 2025
c) Direct the Respondents to update the details of signatories on the portal of the Ministry of Corporate Affairs to status-quo ante i.e., to its erstwhile status before filing of the said LLP Form No.3 and LLP Form No.4 dated 16.11.2024.'
d) Direct the Respondents to not to take on record any amendments to the LLP Agreement or change in partners or change in status of partners until the dispute is resolved amongst the partners of the SPS Agronico India LLP (LLPIN-AAE-3979) or until appropriate Orders of the jurisdictional Courts are passed.
e) To pass such other appropriate Writ, Order or Direction to the Respondent, which this Hon'ble Court may deem fit and proper."
2. Heard Shri Srikant Mohan,
learned counsel appearing for the petitioners and Shri K. Aravind Kamath, learned Additional Solicitor General of India appearing for the respondents. 3. The petitioners are partners in a limited liable partnership company - SPS Agronico India LLP. The issue in the lis is with regard to acceptance of forms submitted by the other partners to the Registrar of companies. 4. The Learned counsel appearing for the petitioner taking this Court through the documents appended to the petition would seek to demonstrate that complaints had been registered by the petitioners against the other partners whose
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NC: 2025:KHC:10616 WP No. 2167 of 2025
applications have now been accepted for the LLP by the Registrar of companies. Therefore, the Registrar of Companies ought to have waited or ought to have taken note of the complaint and then acted upon it to stall the acceptance of the application of the other partners. 5. Sri K. Aravind Kamath, learned Additional Solicitor General of India would take this Court through the methods of acceptance upto 2024. The method of acceptance was by way of approval method upto 2024. Approval method would be acceptance manually. On and from September-2024, the applications are submitted through STP method, which is Straight Through Process. In a Straight Through Process method, the moment the document is uploaded, unless it is otherwise blocked by the system, system accepts it and acknowledgement is immediately generated. The learned Additional Solicitor General of India would further submit that there is no human intervention in this process and therefore, the applications of the other partners have been accepted. 6. In the light of the aforesaid submissions, this Court is of the prima facie opinion that the warring partners, the
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NC: 2025:KHC:10616 WP No. 2167 of 2025
impleading applicants and the petitioners are wanting this Court to decide a dispute with their partnership with regard to acceptance of the forms before the Registrar of Companies. This Court would not for now sit in an appeal over the action of the Registrar of Companies that too, a system generated acceptance, unless that would depict any kind of arbitrariness. There is arbitrariness as is alleged in the case at hand. 7. The submission of the Additional Solicitor General of India merits acceptance that a system generate acceptance on an application would not give rise any right that is lost by the petitioners. 8.
The learned counsel appearing for the petitioners would now submit that a complaint is already filed and is pending consideration before the competent Court and the Registrar of Companies is aware of it. Therefore, a complaint ought not to have taken, if taken, ought to have withdrawn the same. 9. The learned Additional Solicitor General of India would counter this submission in contending that both the warring partners are before the competent Civil Court in
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Raichur, where the dispute with regard to partnership is at large. Therefore, he would submit that whatever the Civil Court would pass either interim or final, the Registrar of Companies would act upon. 10. Recording the said submission and holding that the petition in the form that it is presented, is not entertainable. Therefore, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE
JY List No.: 1 Sl No.: 22 CT: BHK