Mohan Ram Prasad Devineni v. M/s. Biochemical & Synthetic Products Private Limited & Registrar of Companies, Hyderabad

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The Tax Publishers 2025 TaxPub(CL) 2089 (NCLAT- Chny) IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL AT CHENNAI JUSTICE SHARAD KUMAR SHARMA MEMBER (JUDICIAL) AND JATINDRANATH SWAIN MEMBER (TECHNICAL) Mohan Ram Prasad Devineni v. M/s. Biochemical & Synthetic Products Private Limited & Registrar of Companies, Hyderabad Company Appeal (AT)(CH) No. 58/2025 23 December, 2025 Appellant by: R. Moneshaa, Advocate Respondent by: P.H. Arvindh Pandian, Senior Advocate For Krishna Dev Jagarlamudi, Vishnu Kanth Mundada, Shadab Azhar, Arpit Kumar Mishra & Shravya Tirunahari, Advocates for R1 JUDGMENT *Sharad Kumar Sharma, Member (Judicial)* The Appellant before this Appellate Tribunal is the Applicant in the proceedings under section 59 of the Companies Act, 2013, which were registered as C.P. No. 3/59/HDB/2024 before the learned NCLT, Hyderabad Bench. The proceedings initiated by the Appellant, by invoking section 59 of the Companies Act, 2013, were ultimately rejected on the ground of non-maintainability. 2. For the purpose of addressing the arguments advanced by the learned Counsel for the Appellant who has vehemently attempted to bring the proceedings within the ambit of section 59 of the Companies Act, 2013, the text of section 59 itself becomes necessary and inevitable for a clearer elucidation of the controversy. Section 59 of the Companies Act, 2013 reads as follows:- 59. Rectification of Register of Members. (1) If the name of any person is, without sufficient cause, entered in the Register of Members of a company, or after having been entered in the register, is, without sufficient cause, omitted there from, or if a default is made, or unnecessary delay takes place in entering in the register, the fact of any person having become or ceased to be a member, the person aggrieved, or any member of the company, or the company may appeal in such form as may be prescribed, to the Tribunal, or to a competent court outside India, specified by the Central Government by notification, in respect of foreign members or debenture holders residing outside India, for rectification of the register. SUBSCRIBE FOR FULL CONTENT

The Tax Publishers 2025 TaxPub(CL) 2089 (NCLAT- Chny)

IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL AT CHENNAI

JUSTICE SHARAD KUMAR SHARMA MEMBER (JUDICIAL) AND JATINDRANATH SWAIN MEMBER (TECHNICAL)

Mohan Ram Prasad Devineni v. M/s. Biochemical & Synthetic Products Private Limited & Registrar of Companies, Hyderabad

Company Appeal (AT)(CH) No. 58/2025

23 December, 2025

Appellant by: R. Moneshaa, Advocate

Respondent by: P.H. Arvindh Pandian, Senior Advocate For Krishna Dev Jagarlamudi, Vishnu Kanth Mundada, Shadab Azhar, Arpit Kumar Mishra & Shravya Tirunahari, Advocates for R1

JUDGMENT

Sharad Kumar Sharma, Member (Judicial)

The Appellant before this Appellate Tribunal is the Applicant in the proceedings under section 59 of the Companies Act, 2013, which were registered as C.P. No. 3/59/HDB/2024 before the learned NCLT, Hyderabad Bench. The proceedings initiated by the Appellant, by invoking section 59 of the Companies Act, 2013, were ultimately rejected on the ground of non-maintainability.

2. For the purpose of addressing the arguments advanced by the learned Counsel for the Appellant who has vehemently attempted to bring the proceedings within the ambit of section 59 of the Companies Act, 2013, the text of section 59 itself becomes necessary and inevitable for a clearer elucidation of the controversy. Section 59 of the Companies Act, 2013 reads as follows:-

59. Rectification of Register of Members.

(1) If the name of any person is, without sufficient cause, entered in the Register of Members of a company, or after having been entered in the register, is, without sufficient cause, omitted there from, or if a default is made, or unnecessary delay takes place in entering in the register, the fact of any person having become or ceased to be a member, the person aggrieved, or any member of the company, or the company may appeal in such form as may be prescribed, to the Tribunal, or to a competent court outside India, specified by the Central Government by notification, in respect of foreign members or debenture holders residing outside India, for rectification of the register.