Harbinder Singh Vs Registrar of Companies (Orissa High Court)
The Orissa High Court, in the case of Harbinder Singh vs. Registrar of Companies, disposed of a writ petition challenging an order by the Registrar of Companies (ROC), Odisha, dated July 4, 2025. The petitioner sought to have the ROC’s order set aside and requested a de novo inquiry into illegal share transfers and unauthorized appointment/removal of directors.
The Court, adopting the principle of specialized jurisdiction, held that the National Company Law Tribunal (NCLT), Cuttack, is the specialized forum “well equipped to decide the issue,” as the case involves company affairs, specifically “operation, mis-management, fraud, etc.” The High Court, therefore, declined to adjudicate the matter.
The Court granted the petitioner liberty to approach the NCLT, Cuttack, within two weeks. Crucially, as an interim relief, the Court stayed the operation of the impugned ROC order and all consequential proceedings until the matter is listed before the NCLT. No specific judicial precedents were explicitly cited in the text of the order, but the ruling is based on the statutory scheme establishing the NCLT as the specialized tribunal for company disputes.
FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT
1. This matter is taken up through hybrid arrangement.
