Disposed

Joseph Antony Anil v. Registrar of Companies(Kerala)

Kerala HC3 Apr 2018WP(C)/7337/2018

Case brief

AI extract

What is this about?

The High Court of Kerala addressed a petition by a former Managing Director concerning a struck-off company whose bank account was frozen. The court directed a respondent tribunal to decide the pending stay application quickly to resolve the account freeze.

What did the court decide?

The NCLT was directed to consider the petitioner's stay application and attain finality within three weeks from receipt of the judgment.

Joseph Antony Anil Vs Registrar of Companies(Kerala) — Company and Corporate | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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TUESDAY, THE 3RD DAY OF APRIL 2018 / 13TH CHAITHRA, 1940

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WP(C).No. 7337 of 2018

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PETITIONER:

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JOSEPH ANTONY ANIL, AGED 47 YEARS, S/O. C.P. JOSEPH, CHEMBOLAPARAMBU GENERAL ENGINEERS PVT. LTD., D. NO.1/1933, YMCA ROAD, KUNNUMPURAM, FORT-KOCHI - 682 001. BY ADV.SRI.P.SATHISAN

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RESPONDENT(S):

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1. REGISTRAR OF COMPANIES(KERALA) BMC ROAD, THRIKKAKARA P.O., KAKKANAD, KOCHI - 682 021, KERALA. 2. INDIAN BANK, REP. BY ITS BRANCH MANAGER, WILINGTON ISLAND BRANCH, KUMAR ARCADE, PALLICHAL ROAD, THOPPUMPADY, ERNAKULAM - 682 005, KERALA. 3. NATIONAL COMPANY LAW TRIBUNAL, CORPORATE BHAVAN, IIND FLOOR, NORTH BEACH ROAD, MANNADY, GEORGE TOWN, CHENNAI, TAMIL NADU - 600 001, REPRESENTED BY ITS SUPERINTENDENT. R1 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R2 BY SMT.GEETHA A.A., SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 7337 of 2018 (N)

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APPENDIX

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PETITIONERS' -------------	EXHIBITS: --------
EXHIBIT P1.	TRUE COPY OF THE CERTIFICATE OF INCORPORATION OF CHEMBOLAPARAMBU GENERAL ENGINEERS PVT. LTD.
EXHIBIT P2.	TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF CHEBOLAPARAMBU GENERAL ENGINEERS PVT. LTD.
EXHIBIT P3.	TRUE COPY OF THE CERTIFICATE OF RENEWAL OF REGISTRATION OF CHEMBOLAPARAMBU GENERAL ENGINEERS PVT. LTD.
EXHIBIT P4.	TRUE COPY OF CERTIFICATE ISSUED BY MINISTRY OF AGRICULTURE DATED 28.04.2016.
EXHIBIT P5.	TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY COAST GUARDS WEST REGION TO CHEMBOLAPARAMBU GENERAL ENGINEERS PVT. LTD.
EXHIBIT P6.	TRUE COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DATED 30.03.2017.
EXHIBIT P7.	TRUE COPY OF STATEMENT OF ACCOUNTS OF CHEMBOLAPARAMBU GENERAL ENGINEERS PVT. LTD. ISSUED BY INDIAN BANK.
EXHIBIT P8.	TRUE COPY OF THE INTIMATION ISSUED BY INDIAN BANK TO CHEMBOLAPARAMBU GENERAL ENGINEERS PVT. LTD.
EXHIBIT P9.	TRUE COPY OF THE RELEVANT EXTRACT OF THE APPEAL FILED BEFORE THE NATIONAL COMPANY LAW TRIBUNAL, CHENNAI.
RESPONDENTS' -------------	EXHIBITS: NIL --------

/TRUE COPY/

P.S.TO JUDGE

mbr/ 04.04.2018.

SHAJI P. CHALY, J.

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W.P.(C) No.7337 of 2018

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----------------------------------------------Dated this the 3^rd day of April, 2018

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J U D G M E N T

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Petitioner is the former Managing Director of a company called “M/s.Chembolaparambu General Engineers Pvt. Ltd” incorporated on 10.7.2009 as per Ext.P1. To put it short, the company is struck off as per section 248(1) of the Companies Act, 2013. Being aggrieved petitioner has preferred an appeal before the National Company Law Tribunal along with Ext.P9 stay application, which are pending consideration. While so, Ext.P8 notice is issued by the 2^nd respondent bank dated 10.10.2017, whereby operation of the bank account is frozen. According to the petitioner, there are still amounts in the account and petitioner is entitled to operate the bank account. Any how, these are all matters to be considered by the Appellate Tribunal since Tribunal has already seized the matter.

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Taking into account the respective submissions made by the learned counsel for petitioner and learned

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W.P.(C) No.7337 of 2018

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ASGI, I think it is only appropriate that, the writ petition is disposed of with appropriate directions.

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Therefore, there will be a direction to the National Company Law Tribunal, Chennai to consider Ext.P9 application submitted by the petitioner in accordance with law and attain finality at the earliest possible time and at any rate within three weeks from the date of receipt of copy of this judgment.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY JUDGE

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smv 3.4.2018

Joseph Antony Anil v. Registrar of Companies(Kerala)

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Joseph Antony Anil v. Registrar of Companies(Kerala)

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