Unnikrishnan P.D vs Union Of India

Kerala High Court

Unnikrishnan P.D vs Union Of India on 7 May, 2024

Author: P Gopinath

Bench: P Gopinath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR. JUSTICE GOPINATH P.
                                &
        THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
  TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
                    OP (CAT) NO. 79 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 10.01.2024 IN MA NO.1059
OF 2023 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

PETITIONER

         UNNIKRISHNAN P.D.
         AGED 63 YEARS
         S/O. V.DAMODARAN(LATE), [RETIRED SENIOR TECHNICAL
         ASSISTANT, OFFICE OF THE REGISTRAR OF COMPANIES,
         COMPANY LAW BHAVAN, THRIKKAKARA.P.O., KOCHI - 682
         021], RESIDING AT: ANILA NIVAS, KOONJATHU LANE,
         PADIVATTOM, EDAPPALLY SOUTH.P.O.,
          KOCHI, PIN - 682024
         BY ADVS.
         T.C.GOVINDASWAMY
         KALA T.GOPI
         KAILESH T. GOPI
         NISHITHA BALACHANDRAN
         MAMATHA S. ANILKUMAR
RESPONDENTS
    1     UNION OF INDIA
          REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
          INDIA, MINISTRY OF CORPORATE AFFAIRS, SHASTRI
          BHAVAN, DR RAJENDRA PRASAD ROAD, NEW DELHI, PIN -
          110001
    2     THE REGIONAL DIRECTOR (SOUTHERN REGION),
          MINISTRY OF CORPORATE AFFAIRS, 5TH FLOOR, SHASTRI
          BHAVAN, 26 HADDOWS ROAD, CHENNAI, PIN - 600006
    3     REGISTRAR OF COMPANIES
          MINISTRY OF CORPORATE AFFAIRS, COMPANY LAW
          BHAVAN, BMC ROAD, THRIKKAKARA.P.O., KOCHI,
          PIN - 682021
          SRI.K.S.PREMJITH KUMAR CGC.

     THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
07.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P(CAT)No.79 of 2024           2




                         JUDGMENT

============ Dated this the 7th day of May, 2024 Gopinath P., J.

This Original Petition has been filed challenging Ext.P9 order in M.A. No.1059 of 2023 in O.A.No.180/48/2022 on file of the Central Administrative Tribunal, Ernakulam Bench.

Through Ext.P9 order dated 10.01.2024, M.A.No.1059 of 2023 which was an application for amendment has been adjourned to be considered along with O.A at the time of final hearing.

2. The apprehension of the learned counsel for the petitioner appears to be that if the application for amendment is adjourned to the listed along with the main O.A., the application for amendment will not be considered on merits.

3. Having heard the learned counsel for the petitioner and the learned Central Government Counsel appearing for the respondents, we find no basis for the apprehension expressed by the learned counsel for the petitioner. We are sure that the application for amendment will be considered on merits by the Central Administrative Tribunal, whenever it is O.P(CAT)No.79 of 2024 3 taken up for consideration, along with the main original application.

This original petition will stand dismissed with the above observation.

Sd/-

GOPINATH P. JUDGE Sd/-

SYAM KUMAR V.M. JUDGE smm O.P(CAT)No.79 of 2024 4 APPENDIX OF OP (CAT) 79/2024 PETITIONER ANNEXURES Annexure-A1 TRUE COPY OF THE O.M. NO.A-

38020/2/2020-AD.II-MCA DATED 03.11.2020, ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT.

Annexure-A2 TRUE COPY OF THE PANEL WAS PUBLISHED BY THE RESPONDENTS IN JANUARY, 2000. Annexure-A3 TRUE COPY OF THE LETTER NO.1(48)94 DATED 28.01.2000, ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT. Annexure-A4 A TRUE COPY OF THE LETTER DATED 02.02.2000 SUBMITTED BY THE APPLICANT TO THE 2ND RESPONDENT.

Annexure-A5 A TRUE COPY OF THE REPRESENTATION DATED 24.01.2003 ADDRESSED TO THE 2ND RESPONDENT.

Annexure-A6 A TRUE COPY OF REPRESENTATION DATED 31.07.2003 ADDRESSED TO THE 2ND RESPONDENT.

Annexure-A7 A TRUE COPY OF THE OFFICE MEMORANDUM F.NO.1(48)/2004 DATED 3RD SEPTEMBER, 2004 ISSUED BY THE 2ND RESPONDENT. Annexure-A8 A TRUE COPY OF THE ORDER BEARING F.NO.1(77)/2009 DATED 22.04.2009, ISSUED BY THE 2ND RESPONDENT Annexure-A9 A TRUE COPY OF THE JUDGMENT OF HO'BLE HIGH COURT OF DELHI IN W.P.(C) NO.756/2020 JUDGMENT DATED 28.01.2020 Annexure-A10 A TRUE COPY OF THE ORDER OF PRINCIPAL BENCH OF THE HON'BLE C.A.T IN O.A.NO.3794/2018 DATED 16TH SEPTEMBER, 2019.

Annexure-A11 A TRUE COPY OF A TRUE COPY OF THE ORDER BEARING NO.57/04/2019/P&PW(B) DATED 17.02.2020 ISSUED BY THE DOP&PW, NEW DELHI.

Annexure-A12 A TRUE COPY OF THE APPLICANT'S OPTION DATED 22.05.2020 ADDRESSED TO THE 2ND RESPONDENT.

Annexure-A13 TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH COURT OF DELHI IN W.P.(C) NO.8208/2020 DATED 15TH JANUARY, 2021. Annexure-A14 TRUE COPY OF THE JUDGMENT OF HON'BLE APEX COURT IN SPECIAL LEAVE TO APPEAL(C) NO.8985/2021 DATED 19.07.2021.

Annexure-R1(A) TRUE COPY OF THE OFFICE ORDER NO.1(81)/2004 DATED 10.09.2004. Annexure-R1(B) TRUE COPY OF THE RELEVANT FILE NOTING CONTAINED IN F.NO.1(48)/2004. Annexure R1(c) TRUE PHOTOCOPY OF THE LETTER NO.A-

12013/1/99-AD.II DATED 01.10.1999 ALONG WITH TYPED COPY.

Annexure-A15            A TRUE COPY OF THE DOP&PW HAS NOW
                        ISSUED      ANOTHER       O.M.       BEARING

NO.57/05/2021-P&PW(B) DATED 03.03.2023. Annexure-A16 A TRUE COPY OF THE REPRESENTATION/OPTION DATED 20.03.2023 SUBMITTED BY THE APPLICANT ADDRESSED TO THE SECOND RESPONDENT.

Annexure-A17 A TRUE COPY OF THE ORDER BEARING NO.ROC.K/ESTT/1854/2023 DATED 04.05.2023, ISSUED ON BEHALF OF THE THIRD RESPONDENT ALONG WITH ITS ANNEXURE.

Exhibit-P1 TRUE COPY OF THE O.A.NO.180/0048/2022 FILED BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 20.01.202 ALONG WITH ANNEXURES.

Exhibit-P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS DATED 02.09.2022 IN O.A.NO.180/0048/2022 ALONG WITH ITS ANNEXURES.

Exhibit-P3 TRUE COPY OF M.A.NO.180/484/2023 IN O.A.NO.180/484/2022 DATED 23.05.2023. Exhibit-P4 TRUE COPY OF THE JUDGEMENT IN W.P.(C) NO.16471/2007 DATED 28.02.2008 RENDERED BY THE HON'BLE HIGH COURT OF KERALA. Exhibit-P5 TRUE COPY OF ORDER IN O.A.NO.314/2019 DATED 24.01.2023 RENDERED BY THE LEARNED C.A.T., AHMEDABAD BENCH.

Exhibit-P6 A TRUE COPY OF THE ORDER IN O.A.NO.1015/2018 DATED 23.06.2023 RENDERED BY THE LEARNED C.A.T., ERNAKULAM BENCH Exhibit-P7 TRUE COPY OF THE M.A.NO.180/1059/2023 IN O.A.NO.180/48/2022 FILED BEFORE THE LEARNED TRIBUNAL DATED 02.11.2023.

Exhibit-P8              A TRUE COPY OF THE OBJECTION FILED BY
                        THE     RESPONDENTS      1     TO    3    IN

M.A.NO.1059/2023 DATED 29.12.2023. Exhibit-P9 TRUE COPY OF THE ORDER IN M.A.NO.180/484/2023 & 1059/2023 IN O.A.NO.180/48/2022 DATED 10.01.2024 RENDERED BY THE LEARNED TRIBUNAL.