This writ appeal challenging the rejection of a claim to enlarge authorized share capital was dismissed. The High Court affirmed the Single Judge's findings that the society could cover only a fraction of its capital.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR
&
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
MONDAY, THE 30TH DAY OF JANUARY 2012/10TH MAGHA 1933
WA.No. 114 of 2012 () IN WPC/27541/2010
AGAINST THE ORDER/JUDGMENT IN .NO./ IN WPC.27541/2010 DATED
APPELLANT(S)/APPELLANT/PETITIONER IN W.P.(C)27541/201:
MANAGING COMMITTEE OF THE OLAVANNA VANITHA CO-OPERATIVE SOCIETY LTD.NO.D 2770 PALAZHI-PALA, KOZHIKODE REPRESENTED BY ITS PRESIDENT.
BY ADV. SRI.P.P.JACOB
RESPONDENT(S)/RESPONDNETS IN W.P.(C)27541/2010:
R BY SPL. GOVERNMENT PLEADER SRI.D. SOMASUNDARAM
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.N. RAMACHANDRAN NAIR &
BABU MATHEW P. JOSEPH, JJ.
W.A. No. 114 OF 2012
Dated this the 30th day of January, 2012
J U D G M E N T
Ramachandran Nair, J
Heard the counsel for the appellant and the learned Government Pleader appearing for the official respondents. After hearing both the sides and on going through the judgment we do not find any merit in the appeal because the learned Single Judge has considered the matter in detail regarding the claim of the society for enlarging the authorised share capital. The findings of the learned Single Judge is that the Society could make up only upto 17% of even the authorised share capital. Consequently,
W.A. No. 114 OF 2012
:2 :
we feel the claim for enhancement of authorised share capital was rightly rejected and confirmed by the Single Judge. The writ appeal is therefore dismissed.
C.N. RAMACHANDRAN NAIR, JUDGE.
BABU MATHEW P. JOSEPH, JUDGE.
ul/-
Managing Committee of the Olavanna Vanitha Co-Operative Society Ltd.
The Joint Registrar of Co-Operative Societies
State of Kerala
C.N. Ramachandran Nair
Babu Mathew P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
