The High Court of Kerala dismissed the writ petition challenging the inability to operate bank accounts due to the company being struck off. The court held that the remedy lies before the National Company Law Tribunal (NCLT).
Writ petition dismissed with liberty to approach the appropriate forum.
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 SMT. JUSTICE P.V.ASHA
TUESDAY, THE 01ST DAY OF DECEMBER 2020 / 10TH AGRAHAYANA, 1942
WP(C).No.1489 OF 2019(I)
PETITIONER:
S.H .RUBBERS PRIVATE LIMITED,
37/441-F,PANAKKAL BUILDING, K.K.ROAD, KADAVANTHRA, ERNAKULAM, PIN-686 020, REPRESENTED BY ITS MANAGING DIRECTOR, SHYLOCK PUTHIYAVEETTIL, KATHIYARAKATH KAKKATHARAYIL HOUSE, VELIANCODE P.O., PONNANI, MALAPPURAM,PIN-679 579
BY ADVS. SRI.C.S.MANU SRI.S.K.PREMRAJ
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF CORPORATE AFFAIRS A WING, SHASTRI BHAWAN, RAJENDRA PRASAD ROAD, NEW DELHI-110001
2 REGISTRAR OF COMPANIES (KERALA) COMPANY LAW BHAWAN, BMC ROAD,THRIKKAKARA, ERNAKULAM, PIN-682 021
R2 BY ADV. SRI.P.R.AJITHKUMAR
R1 BY SRI.P.VIJAYAKUMAR, ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1489 OF 2019(I)
2
JUDGMENT
Dated this the 01st day of December 2020
The Writ Petition is filed complaining that the petitioner is not able to operate his accounts with HDFC Bank on account of the action taken by the 2nd respondent under Section 248(5) of the Companies Act, 2013.
affidavit stating that the Company is already struck off. If that is so, the remedy available to the petitioner would be before the National Company Law Tribunal(NCLT). Therefore, the Writ
Petition is dismissed with liberty to the
petitioner to approach the appropriate forum.
Sd/P.V.ASHA JUDGE
DM
WP(C).No.1489 OF 2019(I)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF INCORPORATION OF S.H.RUBBERS PRIVATE LIMITED ISSUED BY THE 2ND RESPONDENT EXHIBIT P1A TRUE COPY OF THE CERTIFICATE SHOWING THE CHANGE OF ADDRESS OF S.H.RUBBERS PRIVATE LIMITED EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 17-52018 ISUSED BY THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE E-MAIL LETTER DATED 3.1.2019 ISSUED BY THE HDFC RAVIPURAM BRANCH, ERNAKULAM TO M/S.S.H. RUBBERS PRIVATE LIMITED
EXHIBIT P4 THE DIN DETAILS OF THE DIRECTORS OF THE S.H. RUBBERS PRIVATE LIMITED
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
2 issues framed by the court
Whether a writ petition is maintainable when the company has been struck off and the issue involves operations with a bank.
Whether the remedy lies with the National Company Law Tribunal (NCLT) in cases of struck-off status under the Companies Act, 2013.
1 provisions across 1 enactments
S.H.RUBBERS PRIVATE LIMITED
UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF CORPORATE AFFAIRS
REGISTRAR OF COMPANIES (KERALA)
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
