Kerala High Court
Sree Narayana Sevika Samajam vs State Of Kerala on 6 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
WP(C) NO. 12541 OF 2021
PETITIONER:
SREE NARAYANA SEVIKA SAMAJAM
REPRESENTED BY ITS SECRETARY, SREE NARAYANA
GIRL, THOTTUMUGHAM P.O., ALUVA-683105.
BY ADV M.R.ANISON
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REGISTRATION DEPARTMENT, THIRUVANANTHAPURAM-
695001.
2 THE DISTRICT REGISTRAR GENERAL
OFFICE OF DISTRICT REGISTRAR, 2ND FLOOR,
PERIMBILLY BUILDING, M.G.ROAD, KOCHI-682011.
BY SMT. PRINCY XAVIER GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.12541 of 2021 ..2..
W.P.(C) No.12541 of 2021
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JUDGMENT
Petitioner is a society registered under the
Travancore-Cochin Literary, Scientific and Charitable Societies
Registration Act, 1955 (the Act). It is engaged in running a
home for destitute women and children and also an old age
home. The 54th Annual General Body Meeting of the society
was held on 28.08.2019. In terms of the provisions of the Act,
the society should have convened its 55 th Annual General
Body Meeting within 15 months from date of the 54 th Annual
General Body Meeting. It is stated by the petitioner that due to
the restrictions imposed by the Government to contain the the
pandemic, COVID-19, the society could not convene its 55 th
Annual General Body Meeting within the time stipulated. The
55th Annual General Body Meeting of the society could be
convened only on 28.03.2021. In terms of the provisions of the
Act, a list of members of the Governing Body elected in the
W.P.(C) No.12541 of 2021 ..3..
Annual General Body Meeting is to be filed with the Registrar,
the second respondent within 14 days from the date of the
Annual General Body Meeting. It is stated by the petitioner
that on account of the travel restrictions imposed by the
Government in connection with the pandemic aforesaid, the
petitioner could submit the list of the newly elected members
only on 15.04.2021. Ext.P2 is the covering letter of the society
forwarding the list of the newly elected members of the
Governing Body to the second respondent. It is stated by the
petitioner that the second respondent has refused to accept
the documents forwarded along with Ext.P2 covering letter
taking the stand that insofar as the 55 th Annual General Body
Meeting of the Society was not convened and the documents
required to be submitted thereafter were not submitted within
the time stipulated in the Act, the society is liable to pay fine,
as provided for in Section 7(5) of the Act. The case set out by
the petitioner in the writ petition is that the delay on the part
of the society in convening the Annual General Body Meeting
W.P.(C) No.12541 of 2021 ..4..
and submitting the documents was not wilful, and as such, the
second respondent ought to have accepted the documents
without insisting payment of fine. It is also the case of the
petitioner that at any rate, in terms of Exts.P3 and P4 orders
issued by the Apex Court, the second respondent was not
justified in insisting payment of fine for accepting the
documents forwarded by the society. The petitioner, therefore,
seeks appropriate directions to the second respondent to
accept the documents forwarded by them along with Ext.P2
covering letter, without insisting payment of fine in terms of
Section 7(5) of the Act.
2. Heard the learned counsel for the petitioner as
also the learned Government Pleader.
3. As rightly pointed out by the petitioner, the
fine in terms of Section 7(5) of the Act could be imposed only if
the Registrar finds that there is wilful default in holding the
Annual General Body Meeting and submitting the list of newly
elected members of the Governing Body to the Registrar.
W.P.(C) No.12541 of 2021 ..5..
Having regard to the pandemic that hit the State during the
early months of 2020 and the restrictions imposed by the State
to contain the pandemic which are continuing even now, I am
of the view that the delay on the part of the society in not
convening its 55th Annual General Body Meeting cannot be
said to be wilful, especially when it is asserted by the society
that it had convened all its earlier Annual General Body
Meetings, and submitted the documents, on time. Be that as it
may, Exts.P3 and P4 are orders issued by the Apex Court in
exercise of the powers under Article 142 read with Article 141
of the Constitution of India in the wake of the pandemic,
COVID-19. Among them, Ext.P3 is the order issued initially on
8.3.2021. The relevant portion of Ext.P3 order reads thus:
"2. We have considered the suggestions of the learned
Attorney General for India regarding the future course of action.
We deem it appropriate to issue the following directions:
1. In computing the period of limitation for any suit,
appeal, application or proceeding, the period from
15.03.2020 till 14.03.2021 shall stand excluded.
Consequently, the balance period of limitation remaining as
on 15.03.2020 if any, shall become available with effect
W.P.(C) No.12541 of 2021 ..6..
from 15.03.2021.
2. In cases, where the limitation would have expired during
the period between 15.03.2020 till 14.03.2021,
notwithstanding the actual balance period of limitation
remaining, all persons shall have a limitation period of 90
days from 15.03.2021, in the event the actual balance
period of limitation remaining, with effect from 15.03.2021,
is greater than 90 days, that longer period shall apply.
3. The period from 15.03.2020 till 14.03.2021 shall also
stand excluded in computing the periods prescribed under
Sections 23(4) and 29A of the Arbitration and Conciliation
Act, 1996, Section 12A of the Commercial Courts Act, 2015
and provisos (b) and (c) of Section 138 of the Negotiable
Instruments Act, 1881 and any other laws, which prescribe
period(s) of limitation for instituting proceedings, outer
limits (within which the Court or tribunal can condone
delay) and termination of proceedings."
Ext.P4 is the order issued later by the Apex Court in line with
Ext.P3 order, when the pandemic, COVID-19 hit the country
again. The relevant part of the said order reads thus:
"We also take judicial notice of the fact that the steep
rise in COVID-19 Virus cases is not limited to Delhi alone but
it has engulfed the entire nation. The extraordinary situation
caused by the sudden and second outburst of COVID-19 Virus,
W.P.(C) No.12541 of 2021 ..7..
thus, requires extraordinary measures to minimize the
hardship of litigant-public in all the States. We, therefore,
restore the order dated 23rd March, 2020 and in continuation
of the order dated 08 th March, 2021 direct that the period(s) of
limitation, as prescribed under any general or special laws in
respect of all judicial or quasi-judicial proceedings, whether
condonable or not, shall stand extended till further orders.
It is further clarified that the period from 14 th March,
2021 till further orders shall also stand excluded in computing
the periods prescribed under Sections 23(4) and 29A of the
Arbitration and Conciliation Act, 1996, Section 12A of the
Commercial Courts Act, 2015 and provisos (b) and (c) of
Section 138 of the Negotiable Instruments Act, 1881 and any
other laws, which prescribe period(s) of limitation for
instituting proceedings, outer limits (within which the Court or
tribunal can condone delay) and termination of proceedings.
We have passed this order in exercise of our powers
under Article 142 read with Article 141 of the Constitution of
India. Hence it shall be a binding order within the meaning of
Article 141 on all Courts/Tribunals and Authorities."
As revealed from the extracted orders, it deals not only with
the period of limitation for suits, appeals and applications, but
also the period of limitation for other proceedings. Again, the
orders aforesaid direct that it would bind not only Courts and
W.P.(C) No.12541 of 2021 ..8..
Tribunals, but also other authorities. Even if the orders
aforesaid do not apply strictly to the case on hand, having
regard to the pandemic, COVID-19 that hit the State, and the
various restrictions imposed by the State to contain the
pandemic, including the restrictions on public gathering and
travelling, I am of the view that it would be unfair and
unreasonable to direct the society to pay fine intended to be
imposed for wilful laches in convening the Annual General
Body meeting and submission of documents within the time
stipulated.
In the said view of the matter, the writ petition is
allowed and the second respondent is directed to accept the
documents forwarded by the petitioner along with Ext.P2
covering letter without insisting payment of fine in terms of
Section 7(5) of the Act.
Sd/-
P.B.SURESH KUMAR
JUDGE
ds 21.07.2021
W.P.(C) No.12541 of 2021 ..9..
APPENDIX OF WP(C) 12541/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE BYE-LAW OF
PETITIONER SOCIETY.
Exhibit P2 A TRUE COPY OF THE COVERING LETTER
DATED 15.04.2021 SUBMITTED BY THE
PETITIONER FORWARDING THE DOCUMENTS
UNDER SECTION 7 & 13 OF ACT XII OF
1955.
Exhibit P3 A TRUE COPY OF THE ORDER PASSED BY THE
APEX COURT DATED 08.03.2021 REPORTED
IN 2021(2) KHC 291.
Exhibit P4 A TRUE COPY OF THE ORDER PASSED BY THE
APEX COURT DATED 27.04.2021 REPORTED
IN ILR 2021(2) KERALA 763.
