Kanniah Annadh v. Union of India Through Serious Fraud Investigation Office (Sfio)

ORDER (Order of the Court was made by the Hon'ble Chief Justice) This writ petition, filed under Article 226 of the Constitution of India, seeks a Writ of Mandamus directing the respondents to consider the representation of the petitioners' dated 09.07.2026 and forbear the respondents from giving effect to the exparte order of freezing and attachment, dated 17.11.2022 in C.P.No.125 of 2022 on the file of the National Company Law Tribunal, Chennai, beyond 17.11.2025, since the statutory limit of three years prescribed under Sections 221 and 222 of the Companies Act, 2013 had lapsed.

¶2From the writ petition filed and the averments found in the affidavit, it is seen that an order of attachment came to be passed on

17.11.2022, and according to the petitioners, since the attachment order would have life time of only three years, the order of attachment expired on 17.11.2025. In this regard, the petitioners have approached the National Company Law Tribunal (NCLT, for short) seeking for clarification, which was dismissed. Challenging the same, the petitioners moved the National Company Law Appellate Tribunal (NCLAT, for short). By order dated 09.01.2026 in IA Nos.661, 662 of 2025, Company Appeal (AT) (CH) No.64/2025, the NCLAT disposed of the application by passing the following order: "4. We note that the attachment order was passed on

17.11.2022 and the said time period of 3 years as provided under Section 221(1) of the Companies Act has already lapsed as on date. As a consequence thereto, the very purpose of filing of the Interlocutory Application for seeking clarification has lost its purpose as on today, owing to the implications flowing from the provisions contained under Section 221 of the Companies Act.

¶5Hence, for all practical purposes, owing to the legal implications flowing from Section 221, the instant Company Appeal, challenging the order of rejection of IA (CA)/62 (CHE)/2023, which had sought clarification in the order, which was passed on IA (CA) / 102 (CHE)/2022, as preferred in CP/125 (CHE)/2022, has lost its significance and with the efflux of time the Company Appeal (AT)

(CH) No.64/2025 has been rendered infructuous and hence, it is accordingly closed. The connected pending Interlocutory Applications, if any, would stand closed."

¶3Challenging the aforesaid order, the first respondent preferred an appeal in Civil Appeal Diary No.24841 of 2026, before the Apex Court. The Apex Court, by order dated 22.05.2026, disposed of the appeal by granting liberty to the first respondent to file an application for recall before the NCLAT, observing that the order under challenge was passed by the NCLAT without hearing the first respondent.

¶4Admittedly, even as per the petitioners' own showing, the first respondent/Union of India has already filed an application for recall in Company Appeal (AT) (CH) No.64 of 2025 before the NCLAT. The first respondent has sent a copy of the said application to the petitioners by e-mail dated 12.06.2026.

¶5To a pointed query posed to the learned Senior Counsel as to how, when the Supreme Court has already granted liberty to the first respondent to file an application seeking recall, and when such an application is already filed, this writ petition is maintainable before this Court, the learned Senior Counsel sought liberty of this Court to withdraw the writ petition to pursue the application for recall filed by the first respondent/Union of India before the NCLAT, or in the absence of any such application, to seek necessary clarification from the appropriate forum.

¶6In view of the said submission made, granting liberty to the petitioners to pursue the application for recall filed by the Union of India or to seek necessary clarification from the appropriate forum, the writ petition is dismissed as withdrawn. There will be no order as to costs. Consequently, WMP No.32264 of 2026 is closed.

¶7WMP No.32262 of 2026 filed to permit the petitioners to file a single writ petition is allowed subject to payment of separate court fees, within a period of two weeks from today. (SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.)

28.07.2026 Index : Yes/No tar To

1.The Senior Asst. Director, Serious Fraud Investigation Office (SFIO), Ministry of Corporate Affairs, No. 29, Rajaji Salai, Ground Floor, Corporate Bhawan, Chennai 600 001.

¶2Inspector General of Registration, No. 100, Santhome High Road, Near Amma Unavagam, Pattinampakkam, Foreshore Estate, Chennai 600 028.

¶3The Sub Registrar Office, Sriperumbudur, T.M.A St, Ramanujar Nagar, Sriperumbudur, Tamil Nadu 602105.

¶4The Sub Registrar Office, Sunguvarchatram, Bangalore Highways Road, Sunguvarchatram, Kanchipuram 602106.

¶5The Sub Registrar Office, Salavakkam, Salavakkam, Seethapuram, Tamil Nadu 603107.

¶6The Sub Registrar Office, Kanchipuram Joint 2, Kamarajar Road, Taluk Office Campus, Kanchipuram 631 501.

¶7The Sub Registrar Office, Gummidipoondi, Kayalarmedu, Gummidipoondi, Tamil Nadu 601201;

¶8The Sub Registrar Office, Cheyyar Joint II, Alathur, Cheyyar, Tamil Nadu 604407

¶9The Sub Registrar Office, Kaveripakkam, 1, Kalanjar Nagar Rd, Kalanjar Nagar, Kaveripakkam, Tamil Nadu 632508.

¶10The Sub Registrar Office, Jolarpettai, Nethaji Road, Sakkarakuppam, Jolarpet 635 851.

¶11The Sub Registrar Office, Coimbatore North I, Syrian Church Rd, Puthiyavan Nagar, Sukrawar Pettai, R.S. Puram, Coimbatore 641001.

¶12The Sub Registrar Office, Purasawalkam, No.6/13, Adhi Venn Heights, Porteous Road, Ayanavaram, Chennai, Tamil Nadu 600023.

¶13The Sub Registrar Office, Poonamallee, Melma Nagar, Poonamallee, Chennai 600056.

¶14City Union Bank, Purasawalkam Branch, 42, New 107, Alagappa Rd, Purasaiwakkam, Chennai, Tamil Nadu 600084

¶15State Bank of India, Vadapalani Branch, 94, Jawaharlal Nehru Salai, Thirunagar, Bhakthavathchalam Colony, Vadapalani, Chennai 600026. THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN

, J.

(tar)

28.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.07.2026 CORAM THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN 1. KANNIAH ANNADH DIN 1827481, PAN ACWPA3673R present Add AL 150, 2nd Street, Anna Nagar, Chennai - 600040, permanent add No.42, 2nd street, Balaji Nagar, Virugambakkam, Chennai - 600092. 2.Sakthi Ferro Alloys (India) P Limited CIN U27101TN2005PTC055788 No.18/26, Loganathan Nagar, II Street, Choolaimedu, Chennai 600094, Rep. by its Director Kanniah Naidu Anandh (DIN 1827481) 3. Sakthi Steel Industries Private Limited CIN U27106TN2014PTC097573 1st Floor, No.18/26, 2nd Street, Loganathan Nagar, Choolaimedu, Chennai 600094, Rep. by its Authorised Signatory Kanniah Anandh 4. Sakthi Foundations Private Limited CIN U45206TN2011PTC080293 18/26, Loganathan Nagar 2nd Street, Choolaimedu, Chennai 600094, Rep. by its Director, Kannaiah Naidu Anandh (DIN 1827481) 5. Jinsung Auto Solutions Pvt Ltd, CIN U29259TN2007PTC065667 No.26, Loganathan Nagar II Street, Choolaimedu, Chennai - 600094, Rep. by its Director Kannaiah Naidu Anandh (DIN 1827481) 6. Aagam reality PAN ABFFA3672A AL 150, 2nd street, Anna Nagar, Chennai 600040. Rep. by its partner Kanniah Anandh 7. Victory Foundation PAN AANFV1593L AL 150, 2nd Street, Anna Nagar, Chennai 600040. Rep. by its partner Kanniah Anandh 8. Emjay steel udyyog private limited CIN U27106TN2010PTC074826 No.18/26, 2nd STREET, LOGANTHAN NAGAR, CHOOLAIMEDU, CHENNAI 600094 Rep. by its Authorised Signatory Kannaiah Anandh : Petitioners Versus 1. Union of India, through Serious Fraud Investigation Office (SFIO), Ministry of Corporate Affairs, Rep by N.M. Mahesh Kumar, Senior Asst. Director, SFIO, No. 29, Rajaji Salai, Ground Floor, Corporate Bhawan, Chennai 600 001. 2. Inspector General of Registration, No. 100, Santhome High Road, Near Amma Unavagam, Pattinampakkam, Foreshore Estate, Chennai 600 028. 3. The Sub Registrar Office, Sriperumbudur, T.M.A St, Ramanujar Nagar, Sriperumbudur, Tamil Nadu 602105. 4. The Sub Registrar Office, Sunguvarchatram, Bangalore Highways Road, Sunguvarchatram, Kanchipuram 602106. 5. The Sub Registrar Office, Salavakkam, Salavakkam, Seethapuram, Tamil Nadu 603107. 6. The Sub Registrar Office, Kanchipuram Joint 2, Kamarajar Road, Taluk Office Campus, Kanchipuram 631 501. 7. The Sub Registrar Office, Gummidipoondi, Kayalarmedu, Gummidipoondi, Tamil Nadu 601201; 8. The Sub Registrar Office, Cheyyar Joint II, Alathur, Cheyyar, Tamil Nadu 604407 9. The Sub Registrar Office, Kaveripakkam, 1, Kalanjar Nagar Rd, Kalanjar Nagar, Kaveripakkam, Tamil Nadu 632508. 10. The Sub Registrar Office, Jolarpettai, Nethaji Road, Sakkarakuppam, Jolarpet 635 851. 11. The Sub Registrar Office, Coimbatore North I, Syrian Church Rd, Puthiyavan Nagar, Sukrawar Pettai, R.S. Puram, Coimbatore 641001. 12. The Sub Registrar Office, Purasawalkam, No.6/13, Adhi Venn Heights, Porteous Road, Ayanavaram, Chennai, Tamil Nadu 600023. 13. The Sub Registrar Office, Poonamallee, Melma Nagar, Poonamallee, Chennai 600056. 14. Federal Bank, T. Nagar Branch, 29, Dr Nair Rd, opposite to Kalyanamalai, T. Nagar, Chennai, Tamil Nadu 600017. 15. City Union Bank, Purasawalkam Branch, 42, New 107, Alagappa Rd, Purasaiwakkam, Chennai, Tamil Nadu 600084 16. State Bank of India, Vadapalani Branch, 94, Jawaharlal Nehru Salai, Thirunagar, Bhakthavathchalam Colony, Vadapalani, Chennai 600026. 17. Axis Bank, Kodambakkam Branch, No. 2/19, 5th Cross Street, United India Colony, Kodambakkam, Chennai 600024. 18. ICICI Bank, Besant Nagar Branch, E-32, II Avenue, Besant Nagar, Chennai 600090. 19. IDBI Bank, Vadapalani Branch, First Floor, 98, Jawaharlal Nehru Salai, Bhakthavathchalam Colony, Vadapalani, Chennai, Tamil Nadu 600026. 20. Tamil Nadu Mercantile Bank, Purasawalkam Branch, Ground Floor, D. No. 23 (11/1), Vellala St, Near Indian Abacus, Purasaiwakkam, Chennai, Tamil Nadu 600084. 21. ICICI Bank, Purasawalkam Branch, 43/20, ICICI Bank Ltd, Ritherdon Rd, Vepery, Purasaiwakkam