Kerala High Court
Murali Plantations Private ... vs The Registrar Of Companies on 16 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 16TH DAY OF JUNE 2021/26TH JYAISHTA, 1943
WP(C) NO. 41838 OF 2018
PETITIONER:
1. MURALI PLANTATIONS PRIVATE LIMITED,
39/6432, CHATHOTH, RAVIPURAM TEMPLE
WESTSIDE KOCHI ERNAKULAM-682 016, KERALA,
REPRESENTED BY ITS MANAGER SMT. MINI PAULSON.
2. LEGINA MURALIDHARAN, CHATHOTH,
39/6432 RAVIPURAM TEMPLE WEST SIDE
ERNAKULAM 682 016, KERALA.
3. CHATHOTH KATTAYAMKANDY MURALIDHARAN,
CHATHOTH, 39/6432 RAVIPURAM TEMPLE WEST SIDE,
ERNAKULAM 682 016, KERALA.
BY ADVS.
ASISH MOHAN
SRI.G.KRISHNAKUMAR (MALLYA)
RESPONDENTS:
1 THE REGISTRAR OF COMPANIES,
COMPANY LAW BHAVAN, THRIKKAKARA P.O.,
KAKKANAD-682 021.
2 THE SECRETARY, THE MINISTRY OF
CORPORATE AFFAIRS, 'A' WING,
SHASTRI BHAWAN, REJENDRA PRASAD ROAD,
NEW DELHI 110 001.
BY ADV. SRI.P.VIJAYAKUMAR, ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.41838/2018
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 16th day of June, 2021
The 1st petitioner is an incorporated Company, the
2nd petitioner is its Managing Director and the 3 rd respondent,
a Director. Petitioners 2 and 3 are shareholders also, of the
Company. Petitioners 1 to 3 have filed this writ petition
seeking the following reliefs:-
"(a) To direct the respondents to update the
appointment of new directors in their website.
(b) To direct the respondents to waive off
the additional fee as per Exhibit-P5 if any payable
by the Company while filing the annual filings
and;
(c) To issue such other and further reliefs
as this Hon'ble Court may deem fit and proper in
the interest of justice."
An interim relief is also sought for, staying disqualification of
Directors of the 1st petitioner-Company under Section 164 of
the Companies Act, 2013.
WP(C) No.41838/2018
2. The prime relief sought for is for a direction to the
respondents to update the appointment of new Directors of
the Company in the website of the Registrar of
Companies/Ministry of Corporate Affairs. The 2 nd petitioner
has submitted Ext.P4 representation to the 1 st respondent
requesting to take on record the resolution passed in the
General meeting of the shareholders appointing two Directors.
3. Respondents 1 and 2 have not opted to file a
counter affidavit in the writ petition.
4. In the facts and circumstances of the case, this
Court is of the view that the request made by the petitioners in
Ext.P4 representation need to be considered by the 1 st
respondent at the first instance.
The writ petition is therefore disposed of directing
the 1st respondent to consider Ext.P4 representation submitted
by the 2nd petitioner within a period of two months and take
appropriate decision in accordance with law.
Sd/-
N. NAGARESH, JUDGE
aks/14.06.2021
WP(C) No.41838/2018
APPENDIX OF WP(C) 41838/2018
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF MASTER DATA OF THE IST
PETITIONER COMPANY AVAILABLE IN THE
MINISTRY OF CORPORATE AFFAIRS WEBSITE.
EXHIBIT P2 TRUE COPY OF THE MASTER DATA OF THE 3
COMPANIES AVAILABLE IN THE MINISTRY OF
CORPORATE AFFAIRS WEBSITE.
EXHIBIT P3 TRUE COPY OF THE RESOLUTION OF THE
GENERAL MEETING HELD ON 15.6.2018.
EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT OF
RECEIPT OF REQUEST LETTER FOR UPDATING
THE RECORDS OF THE RESPONDENTS ON
16.7.2018 IN ORDER TO GIVE EFFECT THE
APPOINTMENT OF NEW DIRECTORS.
EXHIBIT P5 TRUE COPY OF THE MCA NOTIFICATION OF LATE
FEE OF RS.100/DAY.
ncd
