A single-paragraph order disposing of a writ petition seeking removal of the petitioner's disqualification as a director. The Court granted relief based on an earlier identical judgment passed for the petitioner's brother.
Directing the second respondent (Registrar of Companies) to remove the disqualification of the petitioner.
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 P.B.SURESH KUMAR
FRIDAY, THE 08TH DAY OF NOVEMBER 2019 / 17TH KARTHIKA, 1941
WP(C).No.6146 OF 2019(P)
PETITIONER:
C.K.SIBI AGED 48 YEARS S/O LATE KRISHNANKUTTY, 7D,VIJAYA GLIMPSES,JAWAHAR NAGAR, KADAVANTHRA, ERNAKULAM 682 020
BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM
RESPONDENTS:
1 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CORPORATE AFFAIRS, “A” WING SHASTRI BHAVAN, RAJENDRA PRASAD ROAD, NEW DELHI-110 001.
2 THE REGISTRAR OF COMPANIES (KERALA), COMPANY LAW BHAVAN, BMC ROAD, THRIKKAKARA, ERNAKULAM-682 021.
R1 TO R2 BY ADVS.SRI.K.THYAGARAJESWARAN, CGC SRI. P. VIJAYAKUMAR, CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.6146 OF 2019
2
J U D G M E N T
It is seen that the relief sought by the petitioner in
the writ petition has been granted by this Court in terms of Ext.P12 judgment to the brother of the petitioner, who is identically placed.
In the circumstances, the writ petition is disposed of directing the second respondent to remove the disqualification
of the petitioner.
Sd/P.B.SURESH KUMAR, JUDGE.
DK
WP(C).No.6146 OF 2019
3
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER DATED 07.06.2017 FROM THE PETITIONER TO VIJAYA FINANCE LIMITED WHICH WAS SENT BY REGISTERED POST A/D
EXHIBIT P2 TRUE COPY OF THE FORM DIR 11 (WITHOUT ENCLOSURES) FILED IN RESPECT OF VIJAYA FINANCE LIMED ALONG WITH THE ACKNOWLEDGEMENT OF RECEIPT DATED 30.6.2017
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 27.9.2017 FROM THE PETITIONER TO DAPHNE HOTELS AND TOURISM PRIVATE LIMITED WHICH WAS SENT BY REGISTERED POST A/D.
EXHIBIT P4 A TRUE COPY OF THE FORM DIR- 11 (WITHOUT ENCLOSURES) FILED IN RESPECT OF DAPHNE HOTELS AND TOURISM PRIVATE LIMITED ALONG WITH THE ACKNOWLEDGEMENT OF RECEIPT DATED 27.09.2017
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 27.09.2016 FROM THE PETITIONER TO VIJAYA LUXURY HOUSING PROJECTS PRIVATE LIMITED WHICH WAS SENT BY REGISTERED POST A/D
EXHIBIT P6 TRUE COPY OF THE FORM DIR 11 (WITHOUT ENCLOSURES) FILED IN RESPECT OF VIJAYA LUXURY HOUSING PROJECTS PRIVATE LIMITED ALONG WITH THE ACKNOWLEDGEMENT OF RECEIPT DATED 30.9.2016
WP(C).No.6146 OF 2019
4
EXHIBIT P7 TRUE COPY OF THE SCREENSHOT OF THE RELEVANT WEB PAGES OF MINISTRY OF CORPORATE AFFAIRS, GOVERNMENT OF INDIA SHOWING THE NAME OF THE PETITIONER AS A 'DISQUALIFIED' DIRECTOR. EXHIBIT P8 TRUE COPY OF LETTER DATED 19.12.2018 FROM THE PETITIONER TO THE 2ND RESPONDENT EXHIBIT P9 A PRINT OUT OF THE COMPANY MASTER DATA IN RESPECT OF DEFAULTING COMPANIES. EXHIBIT P10 TRUE COPY OF LETTER DATED 20.12.2018 FROM THE PETITIONER TO THE ASSISTANT REGISTRAR OF COMPANIES (KERALA), OFFICE OF THE 2ND RESPONDENT
EXHIBIT P11 TRUE COPY OF LETTER DATED 26.12.2018 FROM THE PETITIONER TO THE ASSISTANT REGISTRAR OF COMPANIES (KERALA), OFFICE OF THE 2ND RESPONDENT EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 24.07.2019 PASSED IN W.P.(C)NO.5360 OF 2019. RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
DK
1 issue framed by the court
Whether the writ petition should be disposed of by directing the removal of the petitioner's disqualification.
C.K. SIBI
THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CORPORATE AFFAIRS
THE REGISTRAR OF COMPANIES (KERALA)
P.B. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
