MCS SHARE TRANSFER AGENT LIMITED v. SARDAR SAROVAR NARMADA NIGAM LIMITED
SCA/7142/2025 · 2025-08-12
A S Supehia, R T Vachhani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3838 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3838 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/SCA/7142/2025 ORDER DATED: 12/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 7142 of 2025 ========================================================== MCS SHARE TRANSFER AGENT LIMITED Versus SARDAR SAROVAR NARMADA NIGAM LIMITED & ANR. ========================================================== Appearance: MR. ABHISHEK S. SADHWANI(17710) for the Petitioner(s) No. 1 MS DHARMISHTA RAVAL(707) for the Petitioner(s) No. 1 MR MEET A SHAH(9933) for the Respondent(s) No. 2 NILAY H PATEL(7856) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA and HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 12/08/2025
ORAL ORDER (PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. Pursuant to the order dated 30/06/2025, the respondent No.1 has filed the affidavit dated 21/07/2025. Paragraph Nos.1 to 4 of the said affidavit read thus:-
“1. That the SSNNL has decided to withdraw the Tender and thereafter, the SSNNL will make new appointment by following the due procedure of law. Therefore, the SSNNL has to take its all data back from the MCS Share Transfer Agent Limited. Annexed hereto and marked as Annexure-R-14 is the copy of email dated 15.07.2025 sent by the SSNNL to the advocate. 2. That earlier also, on 14.11.2024, the SSNNL has written letter to the Petitioner informing expiring of work tenure and also sought all data back. Annexed hereto and marked as Annexure-R-15 (colly) are the copies of letter dated 14.11.2024 issued by the SSNNL to the Petitioner. 3. That on 03.05.2025, the SSNNL has sent reminder letter to the Petitioner but the till date, the petitioner has not supplied the any data to the SSNNL. Annexed hereto and marked as Annexure-R-16 is the copy of letter dated
C/SCA/7142/2025 ORDER DATED: 12/08/2025 03.05.2025 sent by the SSNNL to the petitioner. 4. That on 12.05.2025, the SSNNL has again sent email to the Petitioner informing for the appointment of Respondent no.2 as R&T Agent and sought for the details but the till date, the petitioner has not supplied the data to the SSNNL. Annexed hereto and marked as Annexure-R-17(colly) are the copies of letter dated 12.05.2025 sent by the SSNNL to the petitioner.”
2. Thus, in view of the statement made in the affidavit, the cause stated in the petition would not survive.
Learned Advocate Ms.Raval appearing for the petitioner, at the outset, has pointed out the averments made in the clause (B), (C), (D) and (E) of the Composite Rejoinder Affidavit dated 08/08/2025 which read thus:-
“B. That pursuant to the Respondent No. I's request raised vide Further Affidavit dated 21.07.2025, the Petitioner has already shared soft data with respect to the live unpaid bonds being maintained by the Petitioner for current regular work in capacity of Share Transfer Agent in accordance in-person meetings conducted between the parties, and the same has even been duly acknowledged by the Respondent No. 1. Copy of e-Mail sharing data dated 06.08.2025 and acknowledgement e-Mail dated 08.08.2025, as referred above have been annexed herewith and marked as Annexure P/1 (Colly). C. That majority of data requested by Respondent No.1 vide Annexure R-19 is physically stored at godown of the Respondent No. 1 itself, wherein Respondent No. 1 enjoys full access to the said godown at its convenience. D. That the Petitioner has duly maintained the data of the Respondent No. 1 in accordance with the SEBI (Registrars to an Issue and Share Transfer Agents) Regulations, 1993 ("Regulations") which mandates keeping and maintaining data and documents of the same in respect of eight preceding financial years 14 and 15). E. That considering the volume and quantum of data as laid down in the said Regulations, the Petitioner undertakes to share the same with Respondent No.1.”
3. Accordingly, deponent - Jagdishkumar A Patel who has sworn in the affidavit dated 08/08/2025 shall abide by the aforesaid averments made in the Composite Rejoinder Affidavit; within a period of six weeks. Page 2 of 3
C/SCA/7142/2025 ORDER DATED: 12/08/2025 It is clarified that pendency of the present writ petition and disposal of the same, as also the aforesaid order shall not be construed to the detrimental to the interest of the petitioner as well as respondent No.2. 4. The present writ petition stands disposed of accordingly. (A. S. SUPEHIA, J) (R. T. VACHHANI, J) sompura /09 Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MANISHKUMAR JYOTINDRA SOMPURA(HC00189), Principal Pvt. Secretary, at High Court of Gujarat on 13/08/2025 10:23:56