Petitioners sought directions for delivery of an inspection report completed under a mediation agreement regarding company affairs. The Court directed the respondent to hand over the report within one month.
Direction issued to the respondent to hand over the inspection report to the petitioners within one month from the date of receipt of this judgment.
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 SHAJI P.CHALY
TUESDAY, THE 10TH DAY OF APRIL 2018 / 20TH CHAITHRA, 1940
WP(C).No. 3661 of 2018
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PETITIONERS :
1 JOHN MATHEW S/O.LATE CHANDY JOHN, MERMAID COMPLEX, KANIYAMPUZHA ROAD, VYTTILA, ERNAKULAM, PIN 682 019
2 ELIZABETH JOHN MATHEW W/O. MR. JOHN MATHEW MERMAID COMPLEX, KANIYAMPUZHA ROAD, VYTTILA, ERNAKULAM, PIN 682 019
BY ADVS.SRI.VAKKOM N.VIJAYAN
SMT.V.RENJU SRI.P.ANIYAN
RESPONDENT :
UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF CORPORATE AFFAIRS, A-WING, SHASTRI BHAVAN, RAJENDRA PRASAD ROAD, NEW DELHI 110 001
BY ADV. SRI.N.NAGARESH, ASG OF
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp 11/4/2018
WP(C).No. 3661 of 2018 (G)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 10-04-2014 OF THE HON'BLE HIGH COURT IN COMPANY PETITION NO. 38 OF 2014
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 24-11-2016 SENT BY THE PETITIONER TO THE RESPONDENT
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 28-12-2017 SENT BY THE PETITIONER TO THE RESPONDENT
RESPONDENT'S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp 11/4/2018
SHAJI P. CHALY, J.
W.P.(C). No. 3661 OF 2018
Dated this the 10th day of April, 2018
JUDGMENT
The first petitioner is the Chairman and the second petitioner is one of the directors of a Company called M/s. Malayalam Industries Limited, Ernakulam. When matters in connection with the affairs of the petitioner company and another company namely, Masthsraman Manufactures and Traders Private Limited came up before this Court for consideration, the matter was for referred for mediation. In the mediation, both parties agreed to conduct inspection of transaction of both companies from the financial year 1994 to 2015, through an independent agency namely, the Registrar of Companies or other agencies appointed by this Court. Based on the mediation agreement all the cases were disposed of. According to the petitioners, the inspection is completed, however, a copy of the report is not given to the petitioners. It is thus seeking appropriate
W.P.(C). No. 3661 OF 2018
2
directions, this writ petition is filed.
The writ petition is disposed of, accordingly.
Sd/- SHAJI P. CHALY JUDGE
DCS
1 issue framed by the court
Whether the respondent must be directed to handover the inspection report to the petitioners.
John Matthew
Elizabeth John Matthew
Union of India
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
