Dismissed

Abdul Rasheed v. the Registrar of Companies (Kerala and Lakshwadeep)

Kerala HC10 Jul 2019WP(C)/1299/2019

Case brief

AI extract

What is this about?

This writ petition challenged the striking off of a company under Section 248 of the Companies Act, 2013 by the Registrar of Companies. The court held that since the NCLT Cochin Bench was constituted, the remedy lies before the Tribunal, and disposed of the writ petition accordingly without deciding the substantive questions.

What did the court decide?

None granted. Directions to approach the Tribunal and leave all questions open.

Abdul Rasheed Vs the Registrar of Companies (Kerala and… — Company and Corporate | Kerala HC (2019)

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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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WEDNESDAY, THE 10TH DAY OF JULY 2019 / 19TH ASHADHA, 1941

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WP(C).No.1299 of 2019

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PETITIONER/S:

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1 ABDUL RASHEED S/O.ABDURAHIMAN KUTTY HAJI, THONDIPARAMBATH HOUSE, NARIKUNNI.P.O., KOZHIKKODE, PIN-673585.

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2 VARUVIN KALAYAIL USSAINKUTTY VARUVINKALAYIL HOUSE, VALIYAPARAMBIL.P.O., KODUVALLY673572.

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3 CHEKACHANKATAKATHI RAMAKRISHNAN S/O.CHEKACHANKATAKATHI SAMI, PUTHIYAPPA.P.O., KOZHIKODE, PINCODE-673201.

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4 ABDU RAHMANKUTTY HAJI VELLACHALIL HOUSE, KODUVALLY.P.O., KOZHIKODE-673572.

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5 PERINKINCHIRA RIZWAN AHMED 34/620 FATHIMA, CIVIL STATION POST, KOZHIKODE-673020.

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BY ADVS. SRI.M.P.SHAMEEM AHAMED SRI.CYRIAC TOM

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RESPONDENT/S:

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1 THE REGISTRAR OF COMPANIES (KERALA AND LAKSHWADEEP) COMPANY LAW BHAVAN, BMC ROAD, THRIKKAKKARA, KOCHI-682021.

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2 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CORPORATE AFFAIRS, A WING, SHASTRI BHAVAN, RAJENDRA PRASAD ROAD, NEW DELHI-110001.

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SRI.P.VIJAYAKUMAR, CGC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1299 of 2019 2

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JUDGMENT

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This writ petition is filed by the petitioners seeking the following reliefs:-

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i)To call for the records leading to the issuance of Exhibit P10 and to issue a writ of certiorari or such other writ or order to set aside Exhibit P10 to the extend it declares the name of the company as Struck off under Sec. 248 of the Companies Act, 2013.

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ii)To direct the 1^st respondent to restore the name of the company to the Registrar of companies and to change the status of the company from “strike off” to “active”

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The subject matter relates to striking off

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the company by the Registrar of Companies, Kerala. This writ petition happened to be filed before this

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Court, since the National Company Law Tribunal (NCLT), Cochin bench was not constituted. However on and with effect from 04.07.2019 Cochin bench is

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constituted. Therefore, I am of the considered opinion that the subject matter of this writ

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petition is to be considered by the Tribunal in accordance with law. Learned counsel for the petitioners also submitted that, petitioners are

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WP(C).No.1299 of 2019 3 prepared to approach the Tribunal.

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In that view of the matter, this writ petition is disposed of recording that,since the NCLT Cochin Bench has already been constituted, remedy is available to the petitioners under law. All the questions of facts and law raised in the writ petition are left open.

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Sd/-

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SHAJI P.CHALY JUDGE

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hmh

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WP(C).No.1299 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 COPY OF THE CERTIFICATE OF INCORPORATION DATED 19TH MAY 2011. EXHIBIT P2 COPY OF MEMORANDUM OF ASSOCIATION & ARTICLES OF ASSOCIATION OF THE COMPANY. EXHIBIT P3 COPIES OF THE TITLE DEEDS PERTAINING TO THE PROPERTIES OF THE COMPANY. EXHIBIT P4 COPY OF THE QUARRYING PERMIT IN FORM U OF KERALA MINOR MINERAL CONCESSION RULES ISSUED TO THE COMPANY. EXHIBIT P5 COPY OF GOVERNMENT ORDER NO.02/14/ENVT DATED 21.2.2014. EXHIBIT P6 COPY OF THE LETTER DATED 03 MAY 2014 ISSUED BY THIRUVAMPADY GRAMA PANCHAYATH. EXHIBIT P7 COPY OF THE LETTER DATED 25.9.2015 ISSUED BY THIRUVAMPADY GRAMA PANCHAYATH. EXHIBIT P8 COPY OF THE LETTER DATED NIL WRITTEN BY THE COMPANY TO THE SECRETARY THIRUVAMPADY GRAMA PANCHAYATH. EXHIBIT P9 COPY OF THE LETTER DATED 5.1.2017. EXHIBIT P10 COPY OF THE LIST OF COMPANIES WHOSE NAME HAS BEEN STRUCK OFF UNDER SEC.248 PUBLISHED ON 7.9.2017(RELEVANT PAGES) EXHIBIT P11 COPY OF THE FINANCIAL STATEMENTS FINALIZED AS ON DATE. EXHIBIT P12 COPY OF INCOME TAX ACKNOWLEDGEMENT FILED FOR THE PERIOD 2012-13 TO 2016-17. EXHIBIT P13 A COPY OF THE NOTIFICATION NO.S.O.3683(E) DATED 27.7.2018 ISSUED BY THE 2ND RESPONDENT.

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RESPONDENT'S/S EXHIBITS: NIL

Abdul Rasheed v. the Registrar of Companies (Kerala and Lakshwadeep)

Case brief

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Abdul Rasheed v. the Registrar of Companies (Kerala and Lakshwadeep)

Case brief

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