IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 9024 OF 2022
PETITIONER/S:
BIJU THOMAS
AGED 49 YEARS, MANAGING DIRECTOR, M/S SUVAN TECHNOLOGY
SOLUTIONS INDIA PRIVATE LIMITE, 17/2464, DOVE TOWER,
ANJIKKATH ROAD, CSEZ (P.O.), KAKKANAD, ERNAKULAM, KOCHI
- 682037, RESIDING AT F4 & 5, TRAVANCORE RESIDENCY,
MANGATTU ROAD, BEHIND MODERN BREAD, EDAPPALLY (P.O),
ERNAKULAM, KOCHI - 682024
BY ADVS.
GAJENDRA SINGH RAJPUROHIT
AKHIL GEORGE
THANSEELA M.B.
RESPONDENT/S:
REGISTRAR OF COMPANIES
OFFICE OF THE REGISTRAR OF COMPANIES, 1ST FLOOR,
COMPANY LAW BHAVAN, BMC ROAD, ERNAKULAM, KOCHI - 682021
BY ADV Girish Kumar V
OTHER PRESENT:
CGC JAISHANKAR V. NAIR; ASG S.MANU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9024 OF 2022
2
JUDGMENT
Dated this the 23rd day of June, 2022 This writ petition is filed aggrieved by Ext.P7 order, striking off the company, M/s Suvan Technology Solutions India Pvt.Ltd, of which petitioner is the Managing Director, from the Register of Companies. The order is passed under Section 248 of the Companies Act, 2013 (in short "the Act") and the petitioner preferred an appeal against that order, as provided under Section 252 of the Act.
2. Learned Counsel for the petitioner submitted that Section 248 mandates the grant of opportunity of submitting representation to the effected person and consideration of the representation before passing final orders. According to the learned Counsel, Ext.P7 is passed without complying with the above requirements, which fact is evident from a reading of the order itself.
3. Learned CGC submitted that challenge against Ext.P7 on the afore ground can also be considered by the appellate authority in exercise of the power granted under WP(C) NO. 9024 OF 2022 3 Section 252(1) of the Act.
On careful scrutiny of Section 252 of the Companies Act, 2013, it is seen that the appellate authority has the power to consider the ground urged in the issue by the petitioner.
The Writ Petition is hence closed, leaving open the petitioner's liberty to raise all contentions in the appeal filed under Section 252 of the Companies Act.
Sd/-
V.G.ARUN JUDGE RK WP(C) NO. 9024 OF 2022 4 APPENDIX OF WP(C) 9024/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTO COPY OF THE CERTIFICATES OF INCORPORATION DATED 29.09.2011 EXHIBIT P2 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE INVESTIGATING OFFICER BEFORE THE HON'BLE METROPOLITAN SESSIONS JUDGE COURT AT NAMPALLY, HYDERABAD EXHIBIT P3 TRUE PHOTOCOPY OF THE ABOVE NOTICE ISSUED BY THE RESPONDENT DATED 03.11.2021 EXHIBIT P4 TRUE COPY OF THE POSTAL ENVELOPE EXHIBIT P5 TRUE PHOTO COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 20.12.2021 EXHIBIT P6 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD ACKNOWLEDGING RECEIPT OF EXHIBIT P5 REPRESENTATION BY THE RESPONDENT EXHIBIT P7 TRUE COPY OF THE MASTER DATA OF THE PETITIONER'S COMPANY EXHIBIT P8 TRUE COPY OF THE LETTER OF THE 4TH RESPONDENT TO THE PETITIONER WITH ENGLISH VERSION