Malayalam Industries Ltd vs The Registrar Of Companies
2021 Latest Caselaw 20027 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                        WP(C) NO. 31079 OF 2018
PETITIONER:

          MALAYALAM INDUSTRIES LTD.
          REGD.OFFICE
          MERMAID COMPLEX
          KANIYAMPUZHA ROAD
          VYTTILA COCHIN 682019
          REP.BY ITS MANAGING DIRECTOR

          BY ADVS.
          C.K.KARUNAKARAN
          LEKSHMI P. NAIR
          ARJUN SATHISH KUMAR



RESPONDENTS:

    1     THE REGISTRAR OF COMPANIES
          MINISTRY OF CORPORATE AFFAIRS
          OFFICE OF THE REGISTRAR
          OF COMPANIES -KERALA AND LAKSHADWEEP
          FIRST FLOOR COMPANY LAW BHAVAN
          BMC ROAD, THRIKKAKKARA, KOCHI, KERALA-682021

    2     UNION OF INDIA
          REPRESENTED BY SECRETARY, MINISTRY OF CORPORATE
          AFFAIRS, "A" WING, SHASTRI BHAWAN, RAJENDRA PRASAD
          ROAD, NEW DELHI-110001.

    3     THOMAS GEORGE, S/O GEORGE JOHN,
          NEELAMPILAL HOUSE, VIJAYA ROAD, AYANI NADA, MARADU,
          KOCHI,KERALA-682304.

          BY ADVS.
          ASSISTANT SOLICITOR GENERAL
          NAVOD PRASANNAN PATTALI-R3
          K.V.KRISHNAKUMAR


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.31079/2018
                                       2

                    P.V.KUNHIKRISHNAN, J
          --------------------------------------
                  W.P.(C)No.31079 of 2018
          --------------------------------------
          Dated this the 24th day of September 2021

                               JUDGMENT

The above writ petition is filed with following

prayers:

"i) To issue a writ of mandamus or such other appropriate writ, order or direction to the 1st and 2nd respondents to permit filing of Exhibit P 12 Form DIR

-12 as well as returns to report subsequent changes in the Board of Directors/Key Managerial persons.

ii) To prohibit the 1st and 2nd respondents from imposing any penal charges or fee or prosecution against the Petitioner and / or its Directors for the delay in filing of Exhibit P12 and any subsequent returns.

iii) To declare that the 1st and 2nd respondents have no power vested under Companies Act, 2013 to refuse to accept validly filed returns on untenable or arbitrary grounds, or without stating any ground.

iv) To declare that the filing of each Form DIR - 12 is not contingent upon the scrutiny or acceptance of the prior returns by the 1st and 2nd respondents.

v) Pending adjudication of the Writ Petition, to direct the 2nd respondent to consider Exhibit P 14 and take corrective action thereon.

vi) Pending adjudication of the Writ Petition, to permit the Petitioner to upload all returns to report the changes in the Board of Directors/Key Managerial personnel.

v) To grant the costs of these proceedings to the Petitioner."

WP(C) NO.31079/2018

2. When this writ petition came up for

consideration on 16.10.2018, this Court passed the

following order:

" Admit.

Learned ASGI takes notice for respondents 1 and 2. Issue notice by Speed Post to 3rd respondent.

There will be an interim direction to the respondents to permit the petitioner to upload Ext.P12 and other returns provisionally without insisting of any payment of penalty and subject to further orders in this writ petition.

The 2nd respondent shall also take up Ext.P14 and consider the same on merits after hearing all concerned within a period of two months."

3. Today, when the matter came up for

consideration, the learned counsel for the

petitioner submitted that, in the light of the above

interim order, this writ petition can be closed.

Therefore, this writ petition is closed in the

light of the interim order dated 16.10.2018.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO.31079/2018

APPENDIX OF WP(C) 31079/2018

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF COMMON JUDGMENT DATED 10.04.2015 IN CO.APPEAL NOS.3 & 4 OF 2014.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 10.04.2015 IN CO.PET.NO.38 OF 2014.

EXHIBIT P3 TRUE COPY OF NOTICE OF BOARD MEETING DATED 22.06.2015 WITH PROOF OF DISPATCH.

EXHIBIT P4 TRUE COPY OF NOTICE OF BOARD MEETING DATED 25.08.2015 WITH PROOF OF DISPATCH.

EXHIBIT P5 TRUE COPY OF NOTICE OF BOARD MEETING DATED 09.12.2015 WITH PROOF OF DISPATCH AND DELIVERY.

EXHIBIT P6 NOTICE OF BOARD MEETING DATED 04.02.2016 WITH PROOF OF SERCICE.

EXHIBIT P7 TRUE COPY OF NOTICE OF BOARD MEETING DATED 16.02.2016 WITH PROOF OF SERVICE.

EXHIBIT P8 TRUE COPY OF NOTICE OF BOARD MEETING DATED 15.04.2016 WITH PROOF OF DISPATCH.

EXHIBIT P9 TRUE COPY OF THE NOTICE OF BOARD MEETING DATED 09.08.2016 WITH PROOF OF SERVICE.

EXHIBIT P10 TRUE EXTRACT OF MINUTES OF MEETING OF THE BOARD OF DIRECTORS DATED 19.08.2016.

EXHIBIT P11 TRUE COPY OF FORM DIR 12 UPLOADED TO REPORT VACATION OF DIRECTORSHIP BY 3RD RESPONDENT.

EXHIBIT P12 TRUE COPY OF FOR DIR 12 RELATING TO THE APPOINTMENT OF JAISANKAR RADHAKRISHNA PILLAI AS ADDITIONAL DIRECTOR.

EXHIBIT P13 TRUE COPY OF SCREEN SHOT OF THE RESPONSE WP(C) NO.31079/2018

FROM 2ND RESPONDENT REGARDING THE STATUS OF EXHIBIT P 11.

EXHIBIT P14 TRUE COPY OF PETITIONER'S LETTER DATED 30.05.2017 ADDRESSED TO THE 1ST RESPONDENT.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE