Dismissed

Chandrasekharan Nair v. State of Kerala

Kerala HC8 Mar 2021WP(C)/2888/2019

Case brief

AI extract

What is this about?

In a batch of writ petitions challenging the handling of KHFCL/NHB deposits, the court accepted the Prosecutor's suggestion to constitute a special investigation team under a senior IPS officer and directed the State Government to provide logistical support.

What did the court decide?

Directions to constitute a special investigation team under IGP Crimes, Ernakulam; State to provide logistical support; parties to disclose information to the investigating officer.

Chandrasekharan Nair Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶4

MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

¶5

WP(C).No.2888 OF 2019(I)

¶6

PETITIONERS:

¶7

CHANDRASEKHARAN NAIR, S/O RAMAKRISHNAN NAIR, AGED 67 YEARS, T.C.8/91(10), “ADHARVA”, LAYOLA ROAD, PONGUMOODU, KULATHUVILA LANE, SREEKARYAM P.O., THIRUVANANTHAPURAM.

¶8

BY ADVS. M R RAJESH SMT.E.S.SANDHYA

¶9

RESPONDENTS:

¶10

1 STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM-695 001.

¶11

2 THE KERALA STATE POLICE CHIEF POLICE HEADQUARTERS, VAZHUTHAKKADU, THIRUVANANTHAPURAM-695 010.

¶12

***3 KERALA HOUSING FINANCE LTD., 2ND FLOOR, PAN AFRICAN PLAZA, M.G.ROAD, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS MANAGING DIRECTOR. (DELETED)

¶13

R3 REMOVED FROM THE PARTY ARRAY AS PER ORDER DATED 18-09-20 IN IA NO.1/2020 IN WP(C)

¶14

4 THE STATION HOUSE OFFICER CENTRAL POLICE STATION, ERNAKULAM-18.

¶15

*ADDL 5TH RESPONDENT IMPLEADED:

¶16

ADDL. RAMACHANDRA GOVINDA KAMATH,

¶17

R5 S/O. LATE SRI.M.D. GOVINDA KAMATH, HOUSE NO NO.69A, GTWRA, CHANGAPUZHA SAMADHI ROAD, NEAR CHANGAPUZHA PARK, EDAPPALLY ( P.O.), ERNAKULAM-682 024

¶18

WP(C).No.2888 OF 2019(I) AND CONNECTED CASES 2

¶19

(IS IMPLEADED AS ADDL.5TH RESPONDENT AS PER ORDER DATED 1/4/19 IN IA 1/19)

¶20

R1-2, R4 BY PUBLIC PROSECUTOR SRI. RAMESH CHAND R1-2, R4 BY SRI.SUMAN CHAKRAVARTHY R5 BY ADV. C.S.AJITH PRAKASH R5 BY ADV. SRI.T.K.DEVARAJAN R5 BY ADV. SRI.A.T.JOSE R5 BY ADV. SRI.M.B.SOORI R5 BY ADV. SRI.FRANKLIN ARACKAL

¶21

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.03.2021, ALONG WITH WP(C).9004/2019(A) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶22

WP(C).No.2888 OF 2019(I) AND CONNECTED CASES 3

¶23

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶24

PRESENT

¶25

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶26

MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

¶27

WP(C).No.11054 OF 2020(F)

¶28

PETITIONERS:

¶29

1 ARUMUGAM P., AGED 65 YEARS S/O.LATE SRI.PONNAYAN, 34/1898, ALOURD PARAMBHU, SURABHI ROAD, PADIVATTOM, EDAPPALLY P.O.,

¶30

ERNAKULAM - 682 024.

¶31

2 RAMACHANDRA GOVINDA KAMATH,

¶32

AGED 59 YEARS, S/O.LATE SRI.M.D.GOVINDA KAMATH, FLAT NO.5CD, JK PEARL APARTMENTS, PULLEPADY ROAD, ERNAKULAM,ERNAKULAM DISTRICT, PIN - 682 018.

¶33

3 VALSALA DEVI R., AGED 63 YEARS W/O.SRI.R.RADHAKRISHNAN, SAUPARNIKA, SUDARSAN LANE, K.P.VALLON ROAD, KADAVANTHRA P.O.,

¶34

ERNAKULAM - 682 020.

¶35

4 ASHA K.SURENDRAN, AGED 41 YEARS W/O.SRI.PREM KUMAR, KARIPPAKUZHIYIL,

¶36

THIRUMOOLAPURAM P.O., THIRUVALLA, PATHANAMTHITTA - 689 115.

¶37

BY ADVS. SRI.SAJI MATHEW SRI.DENU JOSEPH SMT.NEETHU REGHUKUMAR

¶38

RESPONDENTS:

¶39

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

¶40

2 UNION OF INDIA REPRESENTED BY MINISTRY OF FINANCE (DEPARTMENT OF FINANCIAL SERVICES) REPRESENTED BY ITS DIRECTOR (INFORMATION TECHNOLOGY) JEEVEN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI - 110 001.

¶41

3 THE SECURITIES EXCHANGE BOARD OF INDIA SEBI BHAVAN, PLOT NO.C4-A, G-BLOCK, BANDRA - KURLA

¶42

WP(C).No.2888 OF 2019(I) AND CONNECTED CASES 4

¶43

COMPLEX, BANDRA EAST, MAHARASHTRA - 400 051.

¶44

4 CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY ITS DIRECTOR, NEW DELHI.

¶45

5 KERALA HOUSING FINANCE LTD., HEAD OFFICE AT 2ND FLOOR, PAN AFRICA PLAZA, M.G.ROAD, NEAR PULIMOODU JUNCTION, THIRUVANANTHAPURAM - 695 001 REPRESENTED BY RESOLUTION PROFESSIONAL APPOINTED BY THE NATIONAL COMPANY LAW TRIBUNAL.

¶46

6 GRIHACHAND NIDHI LIMITED OLD 12/NEW4A/ PRP NAGAR, STREET, COIMBATORE REPRESENTED BY ITS MANAGING DIRECTOR.

¶47

*ADDL R7,R8 ARE IMPLEADED

¶48

ADDL. HOME DEPARTMENT, R7. GOVERNMENT OF KERALA, GROUND FLOOR, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM-695010, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY.

¶49

ADDL. STATE POLICE CHIEF, R8 KERALA STATE POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695010

¶50

ARE IMPLEADED AS PER ORDER DATED 16.06.2020 IN IA NO.1/2020.

¶51

R1 BY ADV. SRI.P.VIJAYAKUMAR, ASG OF INDIA R1 BY PUBLIC PROSECUTOR SRI.RAMESH CHAND R3 BY ADV. SRI.K.M.JAMALUDHEEN R4 BY SRI. SASTHAMANGALAM S. AJITHKUMAR, SPL.P.P. FOR C.B.I. R5 BY ADV. SRI.GEORGE SEBASTIAN R5 BY ADV. SRI.ARUN LUCKOSE ABRAHAM

¶52

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.03.2021, ALONG WITH WP(C).2888/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶53

WP(C).No.2888 OF 2019(I) AND CONNECTED CASES 5

¶54

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶55

PRESENT

¶56

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶57

MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

¶58

WP(C).No.20746 OF 2020(P)

¶59

PETITIONER:

¶60

1 JAYARAM VADYAR, AGED 64 YEARS, S/O. NARASIMHA VADYAR, KOUSALLYAMM APARTMENT, VEEKSHANAM ROAD, ERNAKULAM VILLAGE, ERNAKULAM-682018.

¶61

2 GIREESH KUMAR P., AGED 44 YEARS, S/O. LATE VENUGOPALAN, LAKSHMI VIHAR, KURRIKKATT LANE, POONITHURA P.O., ERANKULAM-682038.

¶62

BY ADVS. SHRI.C.S.AJITH PRAKASH SHRI.T.K.DEVARAJAN SMT.T.N.SREEKALA SHRI.BABU M. SMT.ANCY THANKACHAN SHRI.NIDHIN RAJ VETTIKKADAN SRI.HAARIS MOOSA

¶63

RESPONDENTS:

¶64

1 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI-110001.

¶65

2 THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, CBI HEAD QUARTERS, NEW DELHI-110001.

¶66

3 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶67

4 THE STATE POLICE CHIEF, POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695001.

¶68

WP(C).No.2888 OF 2019(I) AND CONNECTED CASES 6

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5 KERALA HOUSING FINANCE LIMITED, HEAD OFFICE AT 2ND FLOOR, PAN AFRICAN PLAZA, M.G. ROAD, NEAR PULIMOODU JUNCTION, THIRUVANANTHAPURAM - 695001, REPRESENTED BY ITS MANAGING DIRECTOR G. UNNIKRISHNAN NAIR.

¶70

6 GRIHCHAND NIDHI LTD; CNN-U65923 TZ201 5PL C0 21224, 318 AB BSR ROAR, SAIBABA COLONY, COIMBATORE TN-641011, REP. BY ITS MANAGING DIRECTOR.

¶71

R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R3-4 BY GOVERNMENT PLEADER

¶72

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.03.2021, ALONG WITH WP(C).2888/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶73

WP(C).No.2888 OF 2019(I) AND CONNECTED CASES 7

¶74

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶75

PRESENT

¶76

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶77

MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

¶78

WP(C).No.29117 OF 2020(L)

¶79

PETITIONER:

¶80

JAYARAMAN C., S/O.LATE M.SREEDHARA MENON, AGED 58 YEARS, ENCORE, JAWAHAR ROAD, VYTTILA (P.O), ERNAKULAM.

¶81

BY ADV. SMT.K.V.BHADRA KUMARI

¶82

RESPONDENTS:

¶83

1 UNION OF INDIA REPRESENTED BY MINISTRY OF FINANCE (DEPARTMENT OF FINANCIAL SERVICES) REPRESENTED BY ITS DIRECTOR (INFORMATION TECHNOLOGY) JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI-110001.

¶84

2 RESERVE BANK OF INDIA, REPRESENTED BY CHIEF GENERAL MANAGER IN CHARGE, DEPARTMENT OF NON BANKING SUPERVISION CENTRAL OFFICE, CENTRE-I, WORLD TRADE CENTRE, MUMBAI-400005.

¶85

3 NATIONAL HOUSING BANK,

¶86

CORE 5-A, 4TH FLOOR, INDIA HABITAT CENTRE, LODHI ROAD, NEW DELHI-110003,

¶87

REP. BY ITS MANAGING DIRECTOR AND CEO.

¶88

4 THE GENERAL MANAGER,

¶89

NATIONAL HOUSING BANK, DEPARTMENT OF REGULATION AND SUPERVISION, CORE 5-A, 4TH FLOOR, INDIA HABITAT CENTRE, LODHI ROAD, NEW DELHI-110003.

¶90

5 THE SECURITIES EXCHANGE BOARD OF INDIA, SEBI BHAVAN, PLOT NO.C4-A, G-BLOCK, BANDRA-KURLA COMPLEX, BANDRA EAST, MAHARASHTRA-400051, REPRESENTED BY ITS CHAIRMAN.

¶91

6 THE REGISTRAR OF COMPANIES, COMPANY LAW BHAWAN, BMC ROAD, THRIKKAKARA, KOCHI-682021.

¶92

WP(C).No.2888 OF 2019(I) AND CONNECTED CASES 8

¶93

7 KERALA HOUSING FINANCE LTD., HEAD OFFICE AT 2ND FLOOR, PAN AFRICA PLAZA, M.G.ROAD, NEAR PULIMOODU JUNCTION, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS MANAGING DIRECTOR, G.UNNIKRISHNAN NAIR.

¶94

8 G.UNNIKRISHNAN NAIR, MANAGING DIRECTOR, KERALA HOUSING FINANCE LTD., HEAD OFFICE AT 2ND FLOOR, PAN AFRICA PLAZA, M.G.ROAD, NEAR PULIMOODU JUNCTION, THIRUVANANTHAPURAM-695001.

¶95

9 KRISHNAN NAIR.N., DIRECTOR CUM GENERAL MANAGER, KERALA HOUSING FINANCE LTD., HEAD OFFICE AT 2ND FLOOR, PAN AFRICA PLAZA, M.G.ROAD, NEAR PULIMOODU JUNCTION, THIRUVANANTHAPURAM-695001.

¶96

R1-6 BY ADV. SRI.P.VIJAYAKUMAR R5 BY ADV. SRI.K.M.JAMALUDHEEN

¶97

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.03.2021, ALONG WITH WP(C).2888/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶98

WP(C).No.2888 OF 2019(I) AND CONNECTED CASES 9

¶99

JUDGMENT

¶100

The petitioners came up inter alia seeking

¶101

a direction to the CBI to take over the investigation pertaining to large scale misappropriation of deposits from various subscribers. An administrator was appointed under the provisions of Securities and Exchange Board of India (Appointment of Administrator and Procedure for Refunding to the Investors) Regulation, 2018. Some of the assets were brought under attachment. The details of other assets and the amount siphoned off not yet revealed due to lack of proper investigation. Learned Prosecutor in the said circumstances suggested constitution of a team under the supervision of Sri. Gopesh Agarwal, IGP Crimes, Ernakulam to conduct proper investigation. The DGP shall forthwith pass

¶102

WP(C).No.2888 OF 2019(I) AND CONNECTED CASES 10

¶103

orders for constituting a special team under the supervision of Sri. Gopesh Agarwal, IGP Crimes, Ernakulam and separate district level team from the district crime branch. It is made clear that a further investigation under Section 173(8) Cr.P.C. is permissible in the cases in which final report has already been submitted. The parties are at liberty to disclose any information within their knowledge to the investigating officer either by writing or otherwise. The State Government shall give all logistical support.

¶104

The writ petitions are disposed of

accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

WP(C).No.2888 OF 2019(I) AND CONNECTED CASES 11

¶111

APPENDIX OF WP(C) 2888/2019

¶112

PETITIONER'S/S EXHIBITS:

¶113

EXHIBIT P1 A TRUE COPY OF THE BOND CERTIFICATE NO.6679 ATKL DATED 21.4.2016 ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF THE PETITIONER. EXHIBIT P2 A TRUE COPY OF THE BOND CERTIFICATE NO.6680 ATKL DATED 21.4.2016 ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF THE PETITIONER. EXHIBIT P3 A TRUE COPY OF THE BOND CERTIFICATE NO.2026 KCF/ATKL DATED 30.6.2017 ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF THE PETITIONER. EXHIBIT P4 A TRUE COPY OF THE BOND CERTIFICATE NO.2028/KCF/ATKL DATED 30.6.2017 ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF THE PETITIONER.

¶114

WP(C).No.2888 OF 2019(I) AND CONNECTED CASES 12

¶115

APPENDIX OF WP(C) 11054/2020

¶116

PETITIONER'S/S EXHIBITS:

¶117

EXHIBIT P1	THE COPY OF ONE OF THE NCD DATED 24/07/2014 ISSUED BY THE 5TH RESPONDENT COMPANY TO THE 1ST PETITIONER.
EXHIBIT P2	THE COPY OF ONE OF THE NCD DATED 21/06/2017 ISSUED BY THE 5TH RESPONDENT COMPANY TO THE 2ND PETITIONER.
EXHIBIT P3	THE COPY OF ONE OF THE FD RECEIPT DATED 17/01/2017 ISSUES BY THE 6TH RESPONDENT TO THE 2ND PETITIONER.
EXHIBIT P4	THE COPY OF ONE OF THE FD RECEIPT DATED 10/05/2017 ISSUED BY THE 6TH RESPONDENT TO THE 3RD PETITIONER.
EXHIBIT P5	THE COPY OF ONE OF THE NCD DATED 27/03/2017 ISSUED BY THE 5TH RESPONDENT COMPANY TO THE 4TH PETITIONER.
EXHIBIT P6	THE COPY OF THE COMPLAINT DATED 25/09/2019 SUBMITTED BY THE 1ST PETITIONER.
EXHIBIT P7	THE COPY OF THE FIR IN CRIME NO.2681/2018 OF CENTRAL POLICE STATION, ERNAKULAM.
EXHIBIT P8	THE COPY OF THE FIR IN CRIME NO.2305/2018 OF CENTRAL POLICE STATION, ERNAKULAM.
EXHIBIT P9	THE COPY OF THE INTERIM ORDER DATED 31/07/2015 PASSED BY THE 3RD RESPONDENT.
EXHIBIT P10	THE COPY OF THE INTERIM ORDER DATED 20/11/2015 PASSED BY THE 3RD RESPONDENT.
EXHIBIT P11	THE COPY OF THE ORDER DATED 17/02/2016 PASSED BY NATIONAL HOUSING BOARD.
EXHIBIT P12	THE COPY OF THE ORDER DATED 10/08/2017 PASSED BY THE 3RD RESPONDENT.
EXHIBIT P13	THE COPY OF COMMON ORDER OF THE HON'BLE COURT IN BA NO.7441/2018 AND THE OTHER CONNECTED CASES.

¶118

WP(C).No.2888 OF 2019(I) AND CONNECTED CASES 13

¶119

EXHIBIT P14	THE COPY OF THE ORDER DATED 18/09/2019 IN TIBA 10/KOB/2019 & TIBA31/KOB/2019 OF NCLT.
EXHIBIT P15	THE COPY OF THE MINUTES OF THE 3RD MEETING OF COMMITTEE OF CREDITORS OF THE 5TH RESPONDENT DATED 04/01/2020.
EXHIBIT P16	THE COPY COMPLAINT DATED 02/11/2018 ALONG WITH THE ACKNOWLEDGMENT CARDSUBMITTED TO INSPECTOR GENERAL OF POLICE (CENTRAL RANGE).
EXHIBIT P17	THE COPY OF THE COMPLAINT DATED 06/03/2019 SUBMITTED TO THE DIRECTOR GENERAL OF POLICE.
EXHIBIT P18	THE COPY OF THE COMPLAINT DATED 29/01/2020 SUBMITTED BY HOUSING FINANCE CREDITORS FORUM (REGN. NO.PTM/TC/3016/2019) TO THE DIRECTOR GENERAL OF POLICE.
EXHIBIT P19	COPY OF THE REPLY ISSUED BY CRIME BRANCH HEADQUARTERS TO COLONEL SURENDRAN.

¶120

RESPONDENTS EXHIBITS:

¶121

EXHIBIT R1(A)	TRUE COPY OF THE DETAILED LIST MENTIONING THE CASES AND PENAL SECTION AND ON COMPLIANCE WITH THE ORDER OF THE HON'BLE COURT DATED 07.10.2020
EXHIBIT R3(A)	TRUE COPY OF THE FINAL ORDER PASSED BY THE 3RD RESPONDENT DATED 10-8-2017
EXHIBIT R3(B)	TRUE COPY OF THE ORDER IN APPEAL NO.262/2017 DATED 20.5-2019 OF THE SECURITIES APPELLATE TRIBUNAL
EXHIBIT R3(C)	TRUE COPY OF THE ORDER IN APPEAL NO.5/2018 DATED 20-5-2019 OF THE SECURITIES APPELLATE TRIBUNAL
EXHIBIT R3(D)	TRUE COPY OF THE NOTICE OF ATTACHMENT OF DEMAT ACCOUNT DATED 26-6-2019
EXHIBIT R3(E)	TRUE COPY OF THE NOTICE OF ATTACHMENT OF BANK ACCOUNT DATED 26-6-2019
EXHIBIT R3(F)	TRUE COPY OF THE REMITTANCE ADVICE DATED 26-7-2019

¶122

WP(C).No.2888 OF 2019(I) AND CONNECTED CASES 14

¶123

EXHIBIT R3(G)	TRUE COPY OF THE ORDER DATED 2-8-2019 PASSED BY THE 3RD RESPONDENT
EXHIBIT R3(H)	TRUE COPY OF THE ORDER IN APPEAL NO.5/2018 DATED 27-11-2019 OF THE SECURITES APPELLATE TRIBUNAL
EXHIBIT R3(I)	TRUE COPY OF THE ORDER DATED 24-12-2019 PASSED BY THE 3RD RESPONDENT
EXHIBIT R3(J)	TRUE COPY OF THE RECORD OF PROCEEDINGS OF THE HON'BLE SUPREME COURT DATED 26-5-2020
EXHIBIT R3(K)	TRUE COPY OF THE ORDER DATED 24-12-2019 PASSED BY THE 3RD RESPONDENT
EXHIBIT R3(L)	TRUE COPY OF THE ORDER DATED 12-3-2020 OF THE NATIONAL COMPANY LAW TRIBUNAL, KOCHI BENCH
EXHIBIT R3(M)	TRUE COPY OF THE ORDER DATED 18-6-2020 OF THE 3RD RESPONDENT APPOINTING ADMINISTRATOR IN THE MATTER OF KERALA HOUSING FINANCE LIMITED
EXHIBIT R3(N)	TRUE COPY OF THE WARRANT DATED 26-6-2020 ISSUED BY THE 3RD RESPONDENT
EXHIBIT R3(O)	TRUE COPY OF THE JUDGMENT DATED 14-3-2019 IN WRIT PETITION NO.23024/2014 OF THIS HON'BLE COURT
EXHIBIT R3(P)	TRUE COPY OF THE COPY OF THE INTERIM ORDER DATED 18-8-2020 IN I.A.NO.1859/2020 IN (AT) (INSOLVENCY) NO.691/2020 BY THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
EXHIBIT R3(Q)	TRUE COPY OF THE LETTER DATED 20-1-2021 ISSUED BY THE DEPUTY GENERAL MANAGER, SECURITIES AND EXCHANGE BOARD OF INDIA TO THE JOINT SECRETARY, TAXES DEPARTMENT, THIRUVANANTHAPURAM

¶124

WP(C).No.2888 OF 2019(I) AND CONNECTED CASES 15

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¶126

PETITIONER'S/S EXHIBITS:

¶127

EXHIBIT P1	A TRUE COPY OF THE BOND CERTIFICATE NO.8868EKM DATED 27/03/2017 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P2	A TRUE COPY OF THE BOND CERTIFICATE NO.8868EKM DATED 27/03/2017 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P3	A TRUE COPY OF THE BOND CERTIFICATE NO. 8866EKM DATED 27/03/2017 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P4	A TRUE COPY OF THE BOND CERTIFICATE NO. 5526-CTLA DATED 03/12/2015 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P5	A TRUE COPY OF THE BOND CERTIFICATE NO. 5526-CTL DATED 03/12/2015 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P6	A TRUE COPY OF THE BOND CERTIFICATE NO. 4488EKM DATED 03/07/2015 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P7	A TRUE COPY OF THE BOND CERTIFICATE NO.7442EKM DATED 14/07/2016 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P8	A TRUE COPY OF THE BOND CERTIFICATE NO.6417EKM DATED 14/03/2016 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P9	A TRUE COPY OF THE BOND CERTIFICATE NO.7441EKM DATED 14/07/2016 ISSUED TO THE 1ST PETITIONER.
EXHIBIT P10	A TRUE COPY OF THE BOND CERTIFICATE NO. 6564EKM DATED 04/04/2016 ISSUED TO THE 2ND PETITIONER.
EXHIBIT P11	A TRUE COPY OF THE BOND CERTIFICATE NO. 6565EKM DATED 04/04/2016 ISSUED TO THE 2ND

¶128

WP(C).No.2888 OF 2019(I) AND CONNECTED CASES 16

¶129

PETITIONER.

¶130

EXHIBIT P12	A TRUE COPY OF THE BOND CERTIFICATE NO. 5533EKM DATED 05/12/2015 ISSUED TO THE 2ND PETITIONER.
EXHIBIT P13	A TRUE COPY OF THE BOND CERTIFICATE NO. 4718EKM DATED 01/09/2015 ISSUED TO THE 2ND PETITIONER.
EXHIBIT P14	A TRUE COPY OF THE BOND CERTIFICATE NO. 5023EKM DATED 08/10/2015 ISSUED TO THE 2ND PETITIONER.
EXHIBIT P15	A TRUE COPY OF THE BOND CERTIFICATE NO. 5534EKM DATED 05/12/2015 ISSUED TO THE 2ND PETITIONER.
EXHIBIT P16	A TRUE COPY OF THE BROCHURE OF KHFL.
EXHIBIT P17	A TRUE COPY OF THE NEWSPAPER REPORT APPEARED IN MALAYALA MANORAMA DAILY DATED 24/12/2018.
EXHIBIT P18	A TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER IN BAIL APPLICATION NO.7788/2018.
EXHIBIT P19	A TRUE COPY OF THE ORDER IN BAIL APPLICATION NO. 8866/2018 DATED 15/02/2018.
EXHIBIT P20	A TRUE COPY OF THE LETTER DATED 28/11/2016.
EXHIBIT P21	A TRUE COPY OF THE PROCEEDINGS OF NHB DATED 13/06/2017.
EXHIBIT P22	A TRUE COPY OF THE REQUEST DATED 01/04/2019 WITHOUT ITS ANNEXURES.
EXHIBIT P23	A TRUE COPY OF THE FIR NO.2680/2018 DATED 10/12/2018 FILED BY THE 1ST PETITIONER UNDER SECTIONS 406, 420 AND 34 OF IPC.
EXHIBIT P24	A TRUE COPY OF THE FIR NO.2683/2018 DATED 10/12/2018 FILED BY THE 2ND PETITIONER UNDER SECTIONS 406, 420 AND 34 OF IPC.
EXHIBIT P25	A TABLE DETAILING THE BOND CERTIFICATES ISSUED AND INVESTMENTS MADE, PREPARED BY THE PETITIONERS IN A MEETING OF THE INVESTORS.

¶131

WP(C).No.2888 OF 2019(I) AND CONNECTED CASES 17

¶132

EXHIBIT P26 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY SEBI DATED 12/11/2019 WITHOUT ITS ANNEXURES IN WP(C) NO.9004/2019

¶133

EXHIBIT P27 A TRUE COPY OF THE REPORT OF THE COMPANY SECRETARY FIRM NAMELY CS AKJP AND ASSOCIATES DATED 22/10/2018.

¶134

RESPONDENTS EXHIBITS:NIL

¶135

WP(C).No.2888 OF 2019(I) AND CONNECTED CASES 18

¶136

APPENDIX OF WP(C) 29117/2020

¶137

PETITIONER'S/S EXHIBITS:

¶138

EXHIBIT P1 TRUE COPY OF THE BOND CERTIFICATE NO.761/FEKM DATED 31.05.2014 ISSUED TO THE PETITIONER.

¶139

EXHIBIT P2 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE M.D. OF 7TH RESPONDENT DATED 02.05.2018.

¶140

RESPONDENTS EXHIBITS:NIL

¶141

//TRUE COPY//

¶142

P.A. TO JUDGE

Chandrasekharan Nair v. State of Kerala

Case brief

What is this about?

What did the court decide?

Chandrasekharan Nair v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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