In W.P.(C) No.8820 of 2019, the Kerala High Court directed the NCLT Chennai Bench to transfer records of CP No.225/2017 to the NCLT Kochi Bench within a month, citing a notification appointing members for the Kochi Bench.
Directed the Registry of NCLT Chennai Bench to transfer all records relating to CP No.225/2017 to NCLT Kochi Bench within one month.
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 SHAJI P.CHALY
TUESDAY, THE 09TH DAY OF JULY 2019 / 18TH ASHADHA, 1941
WP(C).No.8820 of 2019
PETITIONER/S:
GEETHA.T.C, AGED 60 YEARS D/O. SANKARAN, MONARCH REGENCY HEIGHTS, AZAD CIRCLE, BRAHAMAND, THANE WEST, MAHARASHTRA, PIN 401 647.
BY ADV. SRI.RAJESH SIVARAMANKUTTY
RESPONDENT/S:
1 UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF CORPORATE AFFAIRS, A-WING, SHASTRI BHAVAN, DR. RAJENDRA PRASAD ROAD, NEW DELHI 110 001.
2 M/S. FRESH COCONUTS PRODUCTS LTD, HAVING ITS REGISTERED OFFICE AT KADUPPISSERY, KADUPPISSERY P.O, PIN 680 698,TRICHUR DISTRICT, KEREALA STATE.
4 A.S SABU, AGED 70 YEARS S/O. LATE SRI. SOLOMAN, 4, ST. ANTONY'S BAKERY BUILDINGS, 171, KOLBAD ROAD, THANE, 400 601.
BY ADV.
SRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No.8820 of 2019
JUDGMENT
This writ petition is filed by petitioner seeking the
following reliefs:
There will be a direction to the Registry of the
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WP(C).No.8820 of 2019
National Company Law Tribunal, Chennai Bench to transfer all the records relating to CP No.225/2017 to the National Company Law Tribunal Kochi Bench at the earliest, and at any rate, within a month from the date of receipt of a copy of this judgment.
Sd/-
SHAJI P.CHALY
JUDGE
rpk
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WP(C).No.8820 of 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE COMPANY PETITION NUMBERED AS C.P NO. 225/2017 BEFORE THE NATIONAL COMPANY LAW TRIBUNAL CHENNAI BENCH AT CHENNAI
EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 2707-2018 AS S.O 3683(E) ISSUED BY THE 1ST RESPONDENT
EXHIBIT P3 TRUE COPY OF THE NOTIFICATION S.O 1935(E) DATED 1-6-2016 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 20-02-2019 PASSED BY THE NATIONAL COMPANY LAW TRIBUNAL, DIVISION BENCH, CHENNAI IN C.P NO. 225/2017.
2 issues framed by the court
Whether the National Company Law Tribunal Chennai Bench had jurisdiction given a notification appointing the Kochi Bench.
Whether the proceedings in Company Petition No.225/2017 should be transferred from Chennai Bench to Kochi Bench.
Geetha.T.C
Union of India
M/s. Fresh Coconuts Products Ltd
The Registrar of Companies, Kerala
A.S Sabu
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
