Madras High Court
M/S. Vijay Mahiendraa Impex ... vs The Sub-Registrar on 30 September, 2021
1 W.P.No.21059 of
2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.09.2021
CORAM:
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P. No.21059 of 2021
M/s. Vijay Mahiendraa Impex Sharvesh (P) Limited ... Petitioner
Rep by its Authorised Signatory,
Mr. CS Senthamil Arasu
Having Office at No 10/3, Anna Street,
Thirumalai Nagar, PN Road, Tirupur-641 602.
-Vs-
The Sub-Registrar,
Uthukuli Sub-Registration Office,
Perundurai Taluk,
Ichipalayam Village,
Erode. ... Respondent
PRAYER: This Petition is filed under Article 226 of the Constitution of
India, praying for the issue a Writ of Mandamus, directing the Respondent to
register the Certified Copy of Decree dated 23.01.2020 passed in the suit in
O.S No. 181 of 2018 on the file of the Hon'ble District Munsif Court,
Avinashi on payment of registration charges alone without insisting on the
period of limitation under section 23 of the Registration Act 1908 and pass
orders accordingly.
https://www.mhc.tn.gov.in/judis
2 W.P.No.21059 of
2021
For Petitioner :: M/s.Revathi Manivannan
For Respondent :: Mr.Yogesh Kannadasan
(Government Advocate)
*****
ORDER
The relief sought for in this writ petition is for a direction to the
Respondent to register the Certified Copy of Decree dated 23.01.2020 passed
in the suit in O.S No. 181 of 2018 on the file of the Hon'ble District Munsif
Court, Avinashi on payment of registration charges alone without insisting on
the period of limitation under section 23 of the Registration Act 1908 and
pass orders accordingly.
2. The learned counsel for the petitioner would submit that a
Partnership Firm in the name and style of "Mahiendra Impex" was constituted
by Mr. S.P. Subramaniam, Mr. P Duraisamy, Mr. S.P Shanmuga Sundar and
Mr. P. Ramasamy vide Deed of Partnership dated 06.11.1997. During the
course of business, the said partners have purchased the properties in their
respective names and brought them into the Firm from time to time. These
properties have been treated in the books of accounts of the Firm as an asset
of the Partnership and the value thereof given credit appropriately to the
partners in the accounts of the firm. Thereafter, the Partnership Firm has been
https://www.mhc.tn.gov.in/judis
reconstituted several times on retirement and inclusion of new partners into
the firm. Thereafter, the name of the Firm was also changed to "Vijay
Mahiendraa Impex Sharvesh" vide Deed of Reconstitution dated 05.05.2016.
3. It has been further submitted that later in the year, 2018 the
Partnership Firm "Vijay Mahiendraa Impex Sharvesh" has been converted
into Company by incorporation under Part-1 of Chapter XXI of the
Companies Act, 2013 under the name and style of "Vijay Mahiendraa Impex
Sharvesh Private Limited", vide certificate of Incorporation dated 01.01.2018
issued by the Registrar of companies. Coimbatore. The properties belonging
to the Firm has been drawn up and filed with the Registrar of Companies
Accordingly, the properties has been vested absolutely with the Petitioner
Company The Petitioner is also in possession and enjoyment of the properties
ever since its incorporation.
4. The learned counsel further submitted that after incorporation of
the Company and after having subscribed to the Memorandum and Articles of
Association of the Company, one of the Partners of the Firm namely Mr.S.P
Shanmuga Sundar, who owned Share Capital in the Firm "Vijay Mahiendraa
https://www.mhc.tn.gov.in/judis
Impex Sharvesh" has started claiming ownership of the Properties of the
Petitioner Company. He also started spreading rumours that, the Petitioner
Company's properties are his absolute properties. Under such circumstances,
the Petitioner has filed a suit in O.S.No 181 of 2018 before the Hon'ble
District Munsif Court, Avinashi praying for to declare that the act of
Defendants 1 to 3 in bringing the Schedule Property into the Firm "Vijay
Mahiendraa Impex Sharvesh" and the subsequent conversion of the Firm into
the Plaintiff Company, is valid and binding on the Defendants. The same was
allowed by the Hon'ble District Munsif Court, Avinashi by order dated
23.01.2024 and decreed the suit as prayed for. In the meanwhile, there was a
lock down owing to Covid-19 pandemic, therefore the Petitioner had applied
for the order copy 30.07.2021 and the copy of the same was made ready on
18.08.2021. Therefore petitioner could not be able to present the Decree with
the Respondent for registration within 3 months from the date of Decree and
Judgement. While so, in the month of August 2021, the Petitioner had
approached the Respondent to register aforesaid the Original Decree.
However, the Respondent has refused to register the certified Copy of the
Decree passed in O.S. No 181 of 2018 on the fie of the Hon'ble District
Munsif Court, Avinashi stating that the documents were not presented within
https://www.mhc.tn.gov.in/judis
three months of the Decree and Judgement. The Respondent without
considering the lock down restrictions implemented by the Government on
the rise of Covid-19 virus in the State, has refused to register the Decree
passed by the Hon ble Court. Hence, the petitioner is left with no other
option except to approach this Court by invoking its jurisdiction under Article
226 of Constitution of India directing the respondent to register the same.
5. The learned Government Advocate for the respondent would
submit that since during the period of pandemic, the Judgment and Decree
dated 23.01.2020 was passed by the Trial Court as well there is no limitation
period to register the Court order in the Registering Office as per the
observations made by the Madurai Bench of Madras High Court in the similar
case, in W P. (MD). Nos.8091, 8093 & 9446 of 2020 dated 26.11.2020 and
in W.P. (MD) No.16863 of 2020 dated 25.06.2021 and hence the
respondent may be directed to register the certified copy of the Decree dated
23.01.2020 in O.S. No.181 of 2018 on the file of the Hon'ble District Munsif
Court, Avinashi on payment of registration charges without insisting on the
period of limitation under Section 23 of the Registration Act, 1908, within a
stipulated period as fixed by this Court after verifying the documents relied
https://www.mhc.tn.gov.in/judis
by the petitioner herein.
6. Heard the learned counsel for the petitioner and the learned
Government Advocate for the respondent as well as perused the material
available on records.
7. Having considered the facts and circumstances of the case and
submissions of the learned counsel on either side, this Court directs the
respondent herein to register the Certified Copy of Decree dated 23.01.2020
passed in the suit in O.S No. 181 of 2018 on the file of the Hon'ble District
Munsif Court, Avinashi on payment of registration charges alone without
insisting on the period of limitation under section 23 of the Registration Act
1908 in accordance with law within a period of four weeks from the date of
receipt of copy of this order.
8. With the aforesaid direction and observation, the Writ petition is
disposed of. Consequently, connected miscellaneous petition is closed if
any. There shall be no order as to costs.
30.09.2021
https://www.mhc.tn.gov.in/judis
Lbm
Speaking order/Non-speaking order
Index : Yes/No
Internet: Yes/No
To:
The Sub-Registrar,
Uthukuli Sub-Registration Office,
Perundurai Taluk,
Ichipalayam Village,
Erode.
https://www.mhc.tn.gov.in/judis
V.BHAVANI SUBBAROYAN.,J
Lbm
W.P. No.21059 of 2021
https://www.mhc.tn.gov.in/judis
30.09.2021
https://www.mhc.tn.gov.in/judis
