IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 16869 OF 2022
PETITIONER/S:
HALACAMPUS PRIVATE LIMITED
ASIATIC BUSINESS CENTER TOWER, KAZHAKUTTOM
P.O., THIRUVANATHAPURAM PIN 695 582 REPRESENTED
BY VALSAMMA ABRAHAM ROY.
BY ADVS.
P.J.MATHEW
EBIN MATHEW
AKHILA SHOJI
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF
CORPORATE AFFAIRS, 'A' WING,SHASTRIBHAVAN,
RAJENDRA PRASAD ROAD, NEW DELHI-110001.
2 THE REGIONAL DIRECTOR,
SOUTHERN REGION, MINISTRY OF CORPORATE AFFAIRS,
SHASTRIBHAVAN,BLOCK1,VTH FLOOR, 26,
HADDOWSROAD, CHENNAI-600006.
3 THE ADJUDICATING OFFICER,
REGISTRAR OF COMPANIES KERALA & LAKSHADWEEP,
FIRST FLOOR, COMPANY LAW BHAVAN, THRIKKAKARA
KOCHI, KERALA PIN 682 021
4 REGISTRAR OF COMPANIES KERALA & LAKSHADWEEP,
FIRST FLOOR, COMPANY LAW BHAVAN, THRIKKAKARA
KOCHI, KERALA PIN 682 021.
BY ADVS.
M.A.SHAJI
Kiran M.S.
OTHER PRESENT:
ASG S. MANU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.16869 of 2022
-2-
JUDGMENT
Dated this the 01st day of July, 2022 The petitioner is a Company incorporated on 15.03.2019 and registered under the Companies Act, 2013 ('the Act' for short). Section 10(A) of the Act mandates the filing of submission regarding commencement of business by the company within 180 days of incorporation. The submission under Section 10(A) of the Act was made by the petitioner after one day of the stipulated time. This resulted in Ext.P6 order, imposing a penalty of Rs.50,000/- on the Company and Rs.1,000/- on the Directors. The petitioner preferred an appeal against Ext.P6, as provided under Section 454 of the Act. Section 454(6) stipulates a time limit of sixty days for filing the appeal. The appeal was admittedly filed with a delay of 507 days. By the impugned order, the appellate authority has dismissed the appeal, refusing to condone the W.P.(C) No.16869 of 2022 -3- delay.
2. Learned counsel for the petitioner submitted that immediately after receipt of Ext.P6 order, the Government had imposed lockdown to curb the spread of Covid 19 pandemic. Taking note of the situation, the Honourable Supreme Court had excluded the time limit falling within the lockdown period, while computing the limitation period. Thereby the period of limitation for filing appeal under Section 454(6) also got extended from 15.3.2020 to 28.2.2021. Indisputably, the limitation period of sixty days in the petitioner's case fell within the extended period. The petitioner had filed its appeal on 07.09.2021, which is also within the period. Being so, the appellate authority committed gross mistake in refusing to condone the delay and dismissing the appeal.
3. I heard the learned counsel for the CGS and the learned counsel for the petitioner. In as W.P.(C) No.16869 of 2022 -4- much the impugned order was served and the appeal filed within the period covered by the order of the Honourable Supreme Court, the right to get the period extended for reckoning the period of limitation cannot be denied. In the result, Ext.P9 order is quashed and the 2nd respondent is directed to take back Ext.P7 appeal on file. The appeal shall thereafter be decided on merits, after extending the benefit of the order passed by the Apex Court in Re: Cognizane for extension of Limitation [2021 (5) KHC 508 (SC)] to the petitioner. The writ petition is disposed of accordingly.
Sd/-
V.G.ARUN JUDGE Scl/01.07.2022 W.P.(C) No.16869 of 2022 -5- APPENDIX OF WP(C) 16869/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE INCORPORATION OF THE PETITIONER COMPANY ISSUED BY THE 1ST RESPONDENT. Exhibit P2 A TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF THE PETITIONER COMPANY. Exhibit P3 A TRUE COPY OF THE RESOLUTION OF THE PETITIONER COMPANY DATED 14/04/2021. Exhibit P4 A TRUE COPY OF THE DECLARATION FOR COMMENCEMENT OF BUSINESS FILED IN FORM NO INC-20A ALONG WITH THE RECEIPT. Exhibit P5 A TRUE COPY OF THE REPLY TO THE SHOW CAUSE NOTICE DATED 26/12/2019. Exhibit P6 A TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT BEARING NO.ROC/S- 454/10A//2020 DATED 20/01/2020. Exhibit P7 A TRUE COPY OF THE APPEAL FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 07/09/2021 IN THE PRESCRIBED FORM- ADJ.
Exhibit P8 A TRUE COPY OF THE ORDER DATED 27/04/2021 IN MISCELLANEOUS APPL.NO.665 OF 2021 IN SMW(C)NO 3 OF 2021 OF HON'BLE SUPREME COURT OF INDIA.
Exhibit P9 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT BEARING NO ADJ/09/RD(SR) 20201-22 DATED 22/10/2021.
Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED 01/12/2021 IN WP(C) 14962/2021 OF THIS HON'BLE COURT.