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K.Suresh Kumar v. the Registrar of Companies

Kerala HC1 Aug 2019WP(C)/5196/2019

Case brief

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What is this about?

The High Court of Kerala directed the Registrar of Companies, Kerala, to finalize pending applications submitted by members of the Kerala Chamber of Commerce and Industry within three months, after providing an opportunity of hearing to interested parties.

What did the court decide?

Directed the Registrar of Companies, Kerala to finalize the pending applications within three months after providing an opportunity of hearing to the petitioners and other interested parties.

K.Suresh Kumar Vs the Registrar of Companies — Public Procurement and Tenders | 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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THURSDAY, THE 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941

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WP(C).No.5196 of 2019

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PETITIONER :

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K.SURESH KUMAR AGED 51 YEARS S/O. N. GANGADHARAN NAIR, RESIDING AT TC 36/593 (5), 1ST FLOOR, SOWPARNIKA , PGRA J-11, SASTHANKULAM LANE, ENCHAKAL, PETTAH ROAD, PERUMTHANNI, VALLAKKADAVU P.O, THIRUVANANTHAPURAM-695 008

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BY ADVS. SRI.PRATHAP. S.R.K. SMT.G.BINDU SRI.K.P.UNNIKRISHNAN (ELOOR)

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RESPONDENTS:

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1 THE REGISTRAR OF COMPANIES, KERALA, 1ST FLOOR, COMPANY LAW BHAWAN, BMC ROAD, THRIKKAKARA, KAKKANAD, KOCHI-682 021

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2 DR. BIJU RAMESH CHAIRMAN, KERALA CHAMBER OF COMMERCE AND INDUSTRY, CHAMBER CORNER, SHANMUHAM ROAD, KOCHI-682 018

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3 THE KERALA CHAMBER OF COMMERCE AND INDUSTRY CHAMBER CORNER, SHANMUGHAM ROAD, KOCHI-682 108, REPRESENTED BY THE SECRETARY.

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BY ADVS.

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R1 BY SRI.JAISHANKAR V.NAIR, CGC SMT.P.DEEPTHI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.08.2019, ALONG WITH WP(C).18865/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NOs. 5196 OF 2019 AND 18865 0F 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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THURSDAY, THE 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941

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WP(C).No.18865 of 2019

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PETITIONER:

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SANKALP ARCHITECTS

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1ST FLOOR, 37/1008-B, PAAPPILLI HOUSE, FATHIMA CHURCH ROAD, ELAMKULAM, KOCHI-20 REPRESENTED BY ITS PROPRIETOR PRAMOD PARTHAN

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BY ADVS.

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SRI.C.S.AJITH PRAKASH, SRI.FRANKLIN ARACKAL, SRI.PAUL C THOMAS, SRI.T.K.DEVARAJAN, SMT.T.N.SREEKALA

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RESPONDENTS:

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1 REGIONAL DIRECTOR, SOUTHERN REGION, MINISTRY OF CORPORATE AFFAIRS, 5TH FLOOR, SASTRI BHAVAN, 26 HADDOWNS ROAD, CHENNAI.

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2 THE REGISTRAR OF COMPANIES (KERALA) OFFICE OF THE REGISTRAR OF COMPANIES, COMPANY LAW BHAVAN, BMC RD, THRIKKAKKARA, COCHIN-21.

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3 KERALA CHAMBER OF COMMERCE AND INDUSTRY CHAMBER CORNER, SHANMUGHAM ROAD, COCHIN-682031 REPRESENTED BY ITS SECRETARY

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4 MR.BIJU RAMESH, CHAIRMAN, KERALA CHAMBER OF COMMERCE AND INDUSTRY, CHAMBER CORNER, SHANMUGHAM ROAD, ERNAKULAM-682031 RESIDING AT SUMPTHRIPTHI, TRUE COPY OF THE 37/852 FORT P.O, THIRUVANANTHAPURAM-23

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WP(C) NOs. 5196 OF 2019 AND 18865 0F 2019

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5 MR.N.M.SHARAFUDHEEN DIRECTOR, KERALA CHAMBER OF COMMERCE AND INDUSTRY, MANAGING DIRECTOR, M/S OMEGA TRAVEL AND TOURISM AGENCY WARRIAM ROAD, COCHIN-16

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6 RAJA SETHUNATH DIRECTOR, KERALA CHAMBER OF COMMERCE AND INDUSTRY, M/S. GOVIND FURNISHINGS, VEEKSHANAM ROAD JN, CHITTOOR ROAD, COCHIN-682018, ERNAKULAM DISTRICT

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7 SHIBU PRABHAKARAN, DIRECTOR, KERALA CHAMBER OF COMMERCE AND INDUSTRY, RESIDING AT TC 42/316, MUKKOLAKKAL SUPREME SREEVARSHANAM.P.O., TRIVANDRUM-695001

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BY ADV.

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R1 AND R2 BY SHRI.P.VIJAYAKUMAR, ASG OF INDIA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.08.2019, ALONG WITH WP(C).5196/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NOs. 5196 OF 2019 AND 18865 0F 2019

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JUDGMENT

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Petitioners in these writ petitions are the members of Kerala Chamber of Commerce and Industry, Kochi. Alleging serious irregularities, Exhibits P1, P7 and P9 applications are submitted by the petitioners before the Registrar of Companies, Kerala which is pending consideration and seeks direction for finalization of the said applications.

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Having heard learned counsel for petitioners, learned CGC and learned Counsel for Chamber of Commerce and Industry, these writ petitions are disposed of, directing the Registrar of Companies, Kerala to finalize the aforesaid applications in accordance with the law, at earliest, and at any rate, within three months from the date of receipt of a copy of this judgment, after providing an opportunity of hearing to the petitioners and other interested parties.

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Sd/SHAJI P.CHALY JUDGE

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LU/01.08.2019

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WP(C) NOs. 5196 OF 2019 AND 18865 0F 2019

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APPENDIX OF WP(C) 5196/2019

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE PETITION DATED 10/07/2018 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

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EXHIBIT P2 A TRUE COPY OF THE ARTICLES OF ASSOCIATION OF THE 3RD RESPONDENT.

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EXHIBIT P3 A TRUE COPY OF NOTIFICATION PUBLISHED IN THE GAZETTE OF INDIA DATED 27/07/2018

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EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 26.11.2018 IN CP/10/2016 PASSED BY THE HON'BLE NATIONAL COMPANY TRIBUNAL, CHENNAI SPECIAL BENCH

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WP(C) NOs. 5196 OF 2019 AND 18865 0F 2019

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APPENDIX OF WP(C) 18865/2019

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF THE MEMORANDUM OF
	ASSOCIATION OF THE KERALA CHAMBERS OF COMMERCE AND INDUSTRY.
EXHIBIT P2	A TRUE COPY OF THE ARTICLES OF ASSOCIATION OF THE KCCI COMPANY
EXHIBIT P3	A TRUE COPY OF THE DRAFT MINUTES OF THE MEETING THE DIRECTOR BOARD MEETING HELD ON 13.12.2017 AT THE BOARD ROOM OF THE KCCI.
EXHIBIT P4	A TRUE COPY OF THE LETTER DATED 04.01.2019 ISSUED BY THE 1ST RESPONDENT TO THE REGISTRAR OF COMPANIES, KERALA
EXHIBIT P5	A TRUE COPY OF THE COMPLAINT ST.NO.42/2019 LAUNCHED BY THE DEPUTY REGISTRAR OF THE COMPANIES, BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE(ECONOMIC OFFENCE) COURT AT ERNAKULAM
EXHIBIT P6	A TRUE COPY OF THE COMPLAINT PETITION SUBMITTED BY THE PETITIONER DATED 11.02.2019
EXHIBIT P7	A TRUE COPY OF THE COMPLAINT PETITION SUBMITTED BY THE PETITIONER DATED 13.02.2019 BEFORE THE 2ND RESPONDENT
EXHIBIT P8	A TRUE COPY OF THE PROOF OF DELIVERY OF EXT.P2 TAKEN FROM THE WEBSITE OF THE POSTAL DEPARTMENT
EXHIBIT P9	A TRUE COPY OF THE REPRESENTATION DATED 05.02.2019
EXHIBIT P10	A TRUE COPY OF THE ORDER OF THE NCLT DATED 26.11.2018
EXHIBIT P11	A TRUE COPY OF THE REPORT FILED BY MR.P.S.ANTONY, DISTRICT AND SESSIONS JUDGE, (RETIRED) DATED 04.03.2019 ISSUED TO THE REGISTRAR NCLT, CHENNAI
EXHIBIT P12	A TRUE COPY OF THE REPORT FORWARDED BY THE ROC DATED 12.05.2016 TO THE RD(SR).

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WP(C) NOs. 5196 OF 2019 AND 18865 0F 2019

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EXHIBIT P13 A TRUE COPY OF THE SUMMONS UNDER S.207(3) OF THE COMPANIES ACT DATED 18.01.2017 EXHIBIT P14 A TRUE COPY OF THE MC.NO. 341/2019 FILED BY PHOENIX ARC PVT LTD; BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM EXHIBIT P15 A TRUE COPY OF THE AGREEMENT DATED 05.10.2013 EXECUTED BY THE 7TH RESPONDENT WITH KCCI COMPANY EXHIBIT P16 A TRUE COPY OF THE LIST OF AGENCIES TO WHICH THE COMPANY IS NOMINATING ITS MEMBERS TAKEN FROM 57TH AGM NOTICE DATED 23.06.2014

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--- True Copy ---

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PA to Judge

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LU/01.08.2019

K.Suresh Kumar v. the Registrar of Companies

Case brief

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K.Suresh Kumar v. the Registrar of Companies

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