Dismissed

Lalukutty Oomen v. Union of India

Kerala HC7 Nov 2019WP(C)/26819/2018

Case brief

AI extract

What is this about?

A writ petition was filed by a disqualified director seeking activation of his DIN after a competitor company was restored by NCLT under the CODS scheme. The court directed the Registrar to verify compliance with the NCLT order and activate the DIN.

What did the court decide?

Directing the second respondent to ascertain compliance with NCLT order and activate the petitioner's DIN forthwith.

Lalukutty Oomen Vs Union of India — 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 P.B.SURESH KUMAR

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THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941

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WP(C).No.26819 OF 2018(B)

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PETITIONER:

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LALUKUTTY OOMEN, KODIPPARA HOUSE, NALLAMTHANNI POST, PULLENCHERRY, NILAMBUR, MALAPPURAM DISTRICT, KERALA, INDIA - 679330.

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BY ADVS. SRI.MANU SEBASTIAN SMT.AMMU CHARLES

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF CORPORATE AFFAIRS, 'A'WING, SHASTRI BHAWAN, RAJENDRA PRASAD ROAD, NEW DELHI 110001

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2 THE REGISTRAR OF COMPANIES, (ROC ERNAKULAM -KERALA), COMPANY LAW BHAVAN, BMC ROAD, THRIKKAKARA, KOCHI - 682 021.

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R1 BY SMT.C.G.PREETHA, CGC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P. (C) No. 26819 of 2018

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W.P. (C) No.26819 of 2018

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J U D G M E N T

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The petitioner is a director of two companies namely M/s.Nilambur Institute of Medical Sciences Private Limited and M/s.Arber Health Care Private Limited. The petitioner was disqualified from acting as the director of M/s.Nilambur Institute of Medical Sciences Private Limited, as the company has not submitted the statutory returns and filings. Availing the benefits of Ext.P2 scheme, the petitioner has now filed all the statutory returns and other documents in respect of M/s.Nilambur Institute of Medical Sciences Private Limited. The grievance voiced by the petitioner in the writ petition is that despite all these, the disqualification is not removed since the name of M/s.Arber Health Care Private Limited in which he is a director was struck off from the register. It is the case of the petitioner that the said decision in respect of M/s.Arber Health Care Private Limited by the competent authority has now been interfered with by the National Company Law Tribunal as per Ext.P9 order. According to the petitioner, in the light of Ext.P9

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W.P. (C) No. 26819 of 2018

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order, there is no impediment whatsoever for the petitioner in acting as the director of M/s.Nilambur Institute of Medical Sciences Private Limited. The petitioner, therefore, seeks appropriate orders in this regard in the writ petition.

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Heard the learned counsel for the petitioner as also the learned Central Government Counsel.

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It is seen that in terms of Ext.P9 order, the Registrar of Companies, Karnataka has been directed to restore the name of M/s.Arber Health Care Private Limited to the register, subject to conditions.

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The writ petition, in the circumstances, is disposed of directing the second respondent to ascertain from the Registrar of Companies, Karnataka as to whether the petitioner has complied with the directions contained in Ext.P9 order and if so, activate the DIN of the petitioner forthwith.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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YKB

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE MASTER DATED OF THE COMPANY DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF CODS SCHEME NOTIFIED BY THE 1ST RESPONDENT ON 29/12/2017 EXHIBIT P3 TRUE COPY OF APPLICATION SUBMITTED BY THE COMPANY UNDER THE CODS SCHEME. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF THE DIN STATUS OF THE PETITIONER DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 23/7/2018 EXHIBIT P6 A TRUE COPY OF DETAILS OF ARBER HEALTH CARE PRIVATE LTD DOWNLOADED FROM THE OFFICIAL WEBSITE OF MINISTRY OF CORPORATE AFFAIRS EXHIBIT P7 A TRUE COPY OF DETAILS OF DIN OF SUSY GEORGE DOWNLOADED FROM THE OFFICIAL WEBSITE OF MINISTRY OF CORPORATE AFFAIRS EXHIBIT P8 A TRUE COPY OF DETAILS DIN OF KODIPPARA GEORGE OOMEN DOWNLOADED FROM THE OFFICIAL WEBSITE OF MINISTRY OF CORPORATE AFFAIRS EXHIBIT P9 A TRUE COPY OF ORDER DATED MAY 17, 2019 OF NCLT BENGALURU BENCH IN CP NO.07/BB/2019. EXHIBIT P10 A TRUE COPY OF RECEIPT DATED 04.07.2019 EVIDENCING PAYMENT OF RS.50,000 COSTS TO MINISTRY OF CORPORATE AFFAIRS

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RESPONDENT'S/S EXHIBITS:

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ANNEXURE R2 (A) A TRUE COPY OF THE VERIFICATION OF THE RECORDS OF M/S.ARBER HEALTH CARE PVT. LTD. SHOWS THAT THE COMPANY HAS THE FOLLOWING 3 PERSONS AS DIRECTORS AS PER ITS SIGNATORY INFORMATION ANNEXURE R2 (B) TRUE COPIES OF DOCUMENT REVEALING DIN ASSOCIATION OF THE PETITIONER DIRECTOR AND OTHER DIRECTORS (DIN DETAILS) ANNEXURE R2 (C) TRUE COPIES OF THE COMPANIES (APPOINTMENT & QUALIFICATION OF DIRECTORS) RULES, 2014 (FILE NO.1/22/2013-CL.V.DATED 27.03.2014) ANNEXURE R2 (D) TRUE COPIES OF THE GENERAL CIRCULAR NO.34/2014 DATED 12.08.2014 (F.NO.02/13/2014 CL-V) BY THE MINISTRY OF CORPORATE AFFAIRS, NEW DELHI ANNEXURE R2 (E) TRUE COPIES OF THE CODS-2018 SCHEME, FILE NO.02/04/2017-CL-V DATED 29.12.2017 BY THE MINISTRY OF CORPORATE AFFAIRS, NEW DELHI. ANNEXURE R2 (F) TRUE COPIES OF THE ORDER SLP NOS.1869318703 OF 2018 DATED 06.08.2018, BY THE HON'BLE SUPREME COURT, NEW DELHI. ANNEXURE R2 (G) TRUE COPIES OF THE GENERAL CIRCULAR NO.05.2018 DATED 17.05.2018.

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//TRUE COPY//

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PA TO JUDGE

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YKB

Lalukutty Oomen v. Union of India

Case brief

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Lalukutty Oomen v. Union of India

Case brief

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