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TMI Blog2009 (5) TMI 542X X X X Extracts X X X X X X X X Extracts X X X X ..... 09, which as per the petitioners is an order under section 234(7) of the Companies Act, 1956 (hereinafter referred to as "the Act", for short). By the said document, the respondent-Registrar of Companies has called for various information from the petitioners-companies as have been set out therein. 4. Section 234(1) and (7) of the Act read as under :- "234. Power of Registrar to call for information or explanation.-(1) Where, on perusing any document which a company is required to submit to him under this Act, the Registrar is of opinion that any information or explanation is necessary with respect to any matter to which such document purports to relate, he may, by a written order call on the company submitting the document to furnish in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b-section (7). 6. It is stated by the petitioner that before an order under section 234(7) of the Act is passed the petitioners-companies should have been given an opportunity of being heard. 7. The present writ petitions will be treated as the representations by the petitioners to the Registrar of Companies who will after giving hearing to the petitioners-companies pass a preliminary order in terms of section 234(7) of the Act before the petitioners are called upon to furnish informa-tion. While passing the said order he shall also deal with the contention that section 234(1) of the Act is not applicable. The petitioners-companies will appear before the Registrar of Companies on 19-5-2009, at 2.00 p.m. If required, subsequent dates for h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the merits of the case. The principle and ratio of the said judgment will equally apply to the present case. Alternative remedy is not a bar to the maintainability of a writ petition but a matter of discretion. The present case is not a fit case in which discretion at this stage should be exercised to entertain the present writ petition because of alleged technical flaws and non-compliance of right to hearing. This order ensures hearing and passing of a speaking order, which takes care of substantial grievance raised by the petitioner. Other aspects raised shall be crystallised and clarified once the speaking order is passed. 9. At this stage, learned counsel for the petitioners-companies states that they want to file additional document ..... X X X X Extracts X X X X X X X X Extracts X X X X
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