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Kerala High Court
M/S Kazana Builders Pvt Limited vs A.M.P.Aboobacker on 17 May, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 17TH DAY OF MAY 2024 / 27TH VAISAKHA, 1946
WA NO. 676 OF 2024
WP(C) NO.14408 OF 2024 DATED 08-04-2024 OF HIGH COURT OF
KERALA
APPELLANTS / RESPONDENTS 3 AND 5:
1 M/S KAZANA BUILDERS PVT LIMITED,
AT 6/153, ABDUSONS BUILDING, NEAR CHRISTIAN
COLLEGE JUNCTION,KANNUR ROAD,CALICUT.
REPRESENTED BY ITS MANAGING DIRECTOR, PIN -
673011
2 KARAKUNI MOOSA AYARAKATH,
S/O MUNNILEPURATHI KUNHAMMED,DOOR NO.18-
205,RAJID VILLA,BEHIND CIVIL STATION,PALAKKAD-,
PIN - 678001
BY ADV SHARAN SHAHIER
RESPONDENTS / PETITIONER & RESPONDENTS 1, 2, 4:
1 A.M.P.ABOOBACKER
AGED 58 YEARS
S/O V.K.SUBAIR, FAVAZ MANZIL,MELUR POST,
CHENGOTTU KAVU,KOYILANDY,KOZHIKODE, PIN - 673306
2 THE REGISTRAR OF COMPANIES,ERNAKULAM,
COMPANY LAW BHAWAN, COMPANY LAW BUILDING,
KAKKANAD, COCHIN, PIN - 682021
3 R.SETHUMADHAVAN,
COMPANY SECRETARY,6/153,ABDUSONS BUILDING,NEAR
CHRISTIAN COLLEGE JUNCTION,KANNUR ROAD,CALICUT-,
WA NO.676 OF 2024
-: 2 :-
PIN - 673011
BY ADV Girish Kumar V (CGC)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION
ON 17.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WA NO.676 OF 2024
-: 3 :-
Sathish Ninan, J.
&
Harisankar V. Menon, JJ.
--------------------------------
W.A.No.676 of 2024
----------------------------------------
Dated this the 17th day of May, 2024
JUDGMENT
Sathish Ninan, J.
The reliefs claimed in the Writ Petition read thus:
"1. To issue a writ of mandamus or any other writ, order or direction to the 2nd respondent to conduct an enquiry 3rd respondent company under S.447 and 448 of the Companies Act, 2013 within a time frame fixed by this Hon'ble Court.
ii. To issue a writ, order or direction directing the 2nd respondent to consider and pass orders on the Exhibit P-8 representation submitted by the petitioner after affording an opportunity of hearing to the petitioner within a time frame fixed by this Hon'ble Court."
2. When the Writ Petition came up for admission on 08.04.2024, an exparte interim order was passed directing the 2nd respondent-Registrar of Companies to consider Ext.P8 representation. In Ext.P8, the WA NO.676 OF 2024
-: 4 :-
petitioner essentially seeks for conduct of enquiry under Sections 447 and 448 of the Companies Act, 2013.
In substance, it is the main relief claimed by the petitioner. The grant of interim relief would practically amount to grant of the main relief sought.
3. We are of the opinion that, it would be sufficient if the writ petition is considered, with due notice to the respondent. The interim order passed in the writ petition is liable to be set aside. Resultantly, the Writ Appeal is allowed. The order impugned is set aside. We clarify that we have not expressed anything on the merits of the rival contentions.
It is reported that pursuant to the order impugned, the ROC has issued a notice for hearing. Needless to say that since the order impugned has been set aside, further proceedings pursuant to such order WA NO.676 OF 2024
-: 5 :-
is not liable to be continued.
Sd/-
Sathish Ninan, Judge Sd/-
Harisankar V. Menon, JUDGE rsr WA NO.676 OF 2024
-: 6 :-APPENDIX OF WA 676/2024
PETITIONER ANNEXURES Annexure A A TRUE COPY OF THE NOTICE DATED 08.05.2024 FROM THE 2ND RESPONDENT Annexure B A TRUE COPY OF THE LETTER DATED 01.03.2010 ISSUED BY THE 1ST RESPONDENT TO THE CHAIRMAN AND DIRECTORS OF THE BOARD Annexure C A TRUE COPY OF THE MINUTES OF THE BOARD MEETING HELD ON 02.03.2010 Annexure D A TRUE COPY OF THE LETTER OF RESIGNATION DATED 02.04.2010 ISSUED BY THE WRIT PETITIONER/ 1ST RESPONDENT TO THE BOARD OF DIRECTORS Annexure E A TRUE COPY OF THE LETTER ENCLOSING THE SHARE TRANSFER DEED