Allowed

Sultan Thomas Oommen, v. Ministry of Corporate Affairs (Mca)

Kerala HC5 Jan 2022WP(C)/12952/2021

Case brief

AI extract

What is this about?

The Court directed the Registrar of Companies to pass final orders on the petitioner's complaint regarding illegal issue of voting rights within one month, rejecting the respondent's excuse of awaiting instructions.

What did the court decide?

Directed the 5th respondent to pass final orders on the complaint filed by the petitioner forthwith and at any rate within one month.

Sultan Thomas Oommen, Vs Ministry of Corporate Affairs… — Consumer Protection | Kerala HC (2022)

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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 N.NAGARESH

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WEDNESDAY, THE 5^TH DAY OF JANUARY 2022 / 15TH POUSHA, 1943

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WP(C) NO. 12952 OF 2021

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PETITIONER:

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SULTAN THOMAS OOMMEN, AGED 39 YEARS, S/O.DR.BABU OOMMEN THOMAS, RESIDING AT 12B SKYLINE BAYWATERS, BEACH ROAD, KOZHIKODE-673 032, KERALA.

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BY ADV. SULTAN THOMAS OOMMEN,(Party-In-Person)

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RESPONDENTS:

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1 MINISTRY OF CORPORATE AFFAIRS (MCA), REPRESENTED BY SECRETARY TO GOVERNMENT, GOVERNMENT OF INDIA, 5TH FLOOR, A-WING, SHASTRI BHAWAN, NEW DELHI-110 001.

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2 DIRECTOR GENERAL (CORPORATE AFFAIRS), MINISTRY OF CORPORATE AFFAIRS, KOTA HOUSE ANNEXE, 1, SHAHJAHAN ROAD, NEW DELHI-110 011.

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3 DIRECTOR (INSPECTION & INVESTIGATION), MINISTRY OF CORPORATE AFFAIRS, KOTA HOUSE, ANNEXE, 1, SHAHJAHAN ROAD, NEW DELHI-110 011.

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4 REGIONAL DIRECTOR, MINISTRY OF CORPORATE AFFAIRS, 5TH FLOOR, SHASTRI BHAWAN, 26 HADDOWS ROAD, CHENNAI-600 006.

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5 REGISTRAR OF COMPANIES, BMC ROAD, THRIKKAKKARA P.O., KAKKANAD, KOCHI, KERALA-682 021.

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WP(C) No.12952/2021

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6 ASSISTANT REGISTRAR OF COMPANIES, BMC ROAD, THRIKKAKKARA P.O., KAKKANAD, KOCHI, KERALA-682 021.

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BY ADV SRI.M.A.SHAJI, CGC SRI.S.MANU, ASGI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.12952/2021

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J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 5^th day of January, 2022

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The petitioner made a complaint dated 22.02.2019 to the 5^th respondent-Registrar of Companies regarding the illegal issue of voting rights by the Company M/s. Malabar Produce and Rubber Company Limited. The complaint was placed before the Investor Grievances Redressal Meeting, wherein the petitioner was required to file a proper complaint. 2. Thereupon, petitioner filed complaint dated 30.11.2019 to the 5^th respondent. The 5^th respondent called for a reply/response from the Company. The Company responded that the petitioner is not a shareholder and has no stakes in the Company and that matters in dispute are pending before Courts of Law.

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The 5^th respondent sought clarifications from higher officials and did not proceed to pass orders on the complaint. The petitioner therefore filed W.P.(C) No.26406/2020. This

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WP(C) No.12952/2021

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Court, as per Ext.P6 judgment dated 26.03.2021, directed the 5^th respondent to dispose of Ext.P2 complaint dated 22.02.2019 in accordance with law, within six months.

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The petitioner, without awaiting expiry of the six months period, has filed this writ petition on 25.06.2021 and that too without impleading the Company in question. In this writ petition, the petitioner seeks to direct respondents 1 to 5 to ensure that the complaints referred to in Ext.P4 before the 5^th respondent are disposed of separately in a time bound manner.

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Ext.P4 refers to complaints filed by one Sri. Babu Oommen Thomas and the petitioner. The said Babu Oommen Thomas also is not a party to these proceedings. As regards the petitioner’s complaint, by this time the period of six months prescribed by this Court in Ext.P6 for disposal of the complaint has lapsed.

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The 5^th respondent, in his Statement filed through the Central Government Counsel, has stated that after due examination of all the complaints of similar nature, the 5^th

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WP(C) No.12952/2021

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respondent has forwarded his report to the 4^th respondent and is awaiting necessary instructions.

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I have heard the petitioner in person and Sri. M.A.

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Shaji, the Central Government Counsel.

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As this Court, as per Ext.P6 judgment, has directed the 5^th respondent to dispose of Ext.P2 complaint therein in accordance with law, the 5^th respondent is bound to pass orders thereon in accordance with law. The contention of the 5^th respondent that he is awaiting instructions from the 4^th respondent, cannot be an excuse not to bring the proceedings to its logical conclusion.

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In the facts and circumstances of the case, the writ petition is disposed of directing the 5^th respondent to pass final orders on the complaint filed by the petitioner as directed in Ext.P6 judgment forthwith and at any rate within a period of one month.

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Sd/- N. NAGARESH, JUDGE

aks/03.01.2022

WP(C) No.12952/2021

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APPENDIX OF WP(C) 12952/2021

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PETITIONER'S EXHIBITS:

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Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE MANUAL OF MINISTRY OF CORPORATE AFFAIRS WHICH DETAILS THE COMPLAINTS DISPOSAL PROCESS. Exhibit P2 TRUE COPY OF THE CITIZENS CHARTER ADOPTED BY RESPONDENT NO.1. Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY RESPONDENT NO.5 DATED 13 NOVEMBER 2019. Exhibit P4 TRUE COPY OF THE LETTER SENT BY RESPONDENT NO.5 SEEKING ADVICE ON HOW TO PROCEED FURTHER DATED 17 JUNE 2020. Exhibit P5 TRUE COPY OF THE LETTER SENT BY RESPONDENT NO.4 DATED 11 AUGUST 2020. Exhibit P6 TRUE COPY OF THE JUDGMENT IN WPC 26406 OF 2020 DATED 26.03.2021. Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF WRIT PETITION 26406 OF 2020. Exhibit P8 TRUE COPY OF SEVERAL NOTICES ISSUED BY RESPONDENT NO.5 Exhibit P9 TRUE COPY OF THE LIST OF COMPLAINTS THAT WERE SCHEDULED TO BE HEARD IN THE INVESTOR GRIEVANCES REDRESSAL MEET. Exhibit P10 TRUE COPY OF THE COMPLAINT HAVING COMPLAINT No.J00037209 DATED 05.03.2019. Exhibit P11 TRUE COPY OF THE COMPLAINT HAVING COMPLAINT No.J00037205 DATED 01.03.2019. Exhibit P12 TRUE COPY OF THE THIRD COMPLAINT TAKEN UP DURING THE INVESTOR GRIEVANCE REDRESSAL MEET DATED 22.02.2019 Exhibit P13 TRUE COPY OF THE LETTER SENT TO RESPONDENT No.5 DATED 30.11.2019. Exhibit P14 TRUE COPY OF THE COURSE MATERIAL DOWNLOADED FROM THE WEBSITE OF THE INSTITUTE OF COMPANY SECRETARIES OF INDIA (ICSI) UNDATED.

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WP(C) No.12952/2021

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Exhibit P15 TRUE COPY OF THE MEMBERS LIST SHOWING THE NAME OF LATE Mrs.JOLLY THOMAS AS A MEMBER UNDATED. Exhibit P16 TRUE COPY OF THE IMPLEADING PETITION IA No.2 OF 2019 IN MFA 1188 OF 2002 DATED 19.08.2019. Exhibit P17 TRUE COPY OF THE POWER OF ATTORNEY DATED 24.11.2018. Exhibit P18 TRUE COPY OF THE FORM MGT9 ISSUED BY THE OFFICE OF RESPONDENT No.5 UNDATED. Exhibit P19 TRUE COPY OF ORDER PASSED BY THE PRINCIPAL SUB COURT IN I.A.No.7 OF 2020 IN O.S.151 OF 2019 DATED 21.12.2020.

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RESPONDENTS' EXHIBITS:

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ANNEXURE R5(1) COPY COUNS DATED	OF EL 30	THE BY 5TH .07.2021	INSTRUCTIONS SENT TO RESPONDENT VIDE LETTER
ANNEXURE R5(2) COPY VIDE 02.05	GEN GOI .20	ERAL CIR MCA No 11.	CULAR No.19/2011 ISSUED .17/135/2011-CL-V DATED
ANNEXURE R5(3) COPY DATED	OF 03	LETTER .12.2018	ISSUED BY THE COMPANY .
ANNEXURE R5(4) COPY DATED	OF 25	LETTER .02.2019	ISSUED BY THE COMPANY .

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Sultan Thomas Oommen, v. Ministry of Corporate Affairs (Mca)

Case brief

What is this about?

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Sultan Thomas Oommen, v. Ministry of Corporate Affairs (Mca)

Case brief

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