Kerala High Court
Rokha Builders And Realtors India ... vs Union Of India on 15 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 13447 OF 2020
PETITIONERS:
1 ROKHA BUILDERS AND REALTORS INDIA PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT G-164, PANAMPILLY
NAGAR, ERNAKULAM, KERALA - 682 035, REPRESENTED BY
ITS CHAIRMAN AND MANAGING DIRECTOR
ROY JOSEPH VAYALAT.
2 ROY JOSEPH VAYALAT
AGED 50 YEARS
S/O.VAYALAT THOMAS JOSEPH, HOUSE NO.1/262, VAYALAT
HOUSE, FORT KOCHI P.O., ERNAKULAM - 682 001.
3 MOHAMMED ABDUL KARIM
AGED 62 YEARS
S/O.MUHAMMED, RESIDING AT VAZHACHALIL HOUSE,
CHERUVATTOOR POST, KOTHAMANGALAM, ERNAKULAM, PIN -
686 661.
BY ADVS.C.DILIP
R.PRADEEP
P.N.VIJAYAN NAIR
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY, MINISTRY OF CORPORATE
AFFAIRS, A WING, SHASTRI BHAVAN, RAJENDRA PRASAD
ROAD, NEW DELHI, PIN - 110 001.
2 REGISTRAR OF COMPANIES
COMPANY LAW BHAWAN, BMC ROAD, THRIKKAKAR, KOCHI -
682 021.
BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA
OTHER PRESENT:
SRI.S.MANU, ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.13447/2020
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.13447 of 2020
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Dated this the 15th day of February, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or any other
appropriate writ order or direction directing the
second respondent to consider Petitioners
application under "Fast Track Exit (FTE) Mode"
(Exhibit P3(d)) along with accompanying
documents P3 to P3(c) and dispose the same
within a time framed by this honourable court.
ii. Call for the records of the case leading up to
Exhibit P4 and quash the same by issuing a writ
of certiorari or any other writ, order or direction.
iii. Issue any other appropriate writ, order or
direction which this Hon'ble court may deem fit to
issue and the petitioner may pray from time to
time.
2. When this writ petition came up for consideration,
the learned counsel for the petitioners limited his prayer for a
consideration of Ext.P3(d) along with Exts.P3(a) to P3(c)
W.P.(C).No.13447/2020
accompanying documents.
3. I also heard the learned Assistant Solicitor General
of India (ASGI).
4. Even though the learned ASGI argued the matter
on merit, he submitted that if the prayer of the petitioner is
only to consider Ext.P3(d), that will be done by the 2 nd
respondent in accordance with law. In the light of the above, I
think this writ petition can be disposed of directing the 2 nd
respondent to consider Ext.P3(d) within a time frame.
Therefore, this writ petition is disposed of directing the
2nd respondent to consider Ext.P3(d) and take a decision in it,
in accordance to law, as expeditiously as possible, at any rate,
within two months from the date of receipt of a copy of this
judgment.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.13447/2020
APPENDIX OF WP(C) 13447/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF CERTIFICATE OF
INCORPORATION DATED 30/08/2010.
EXHIBIT P2 TRUE COPY OF MINUTES OF THE MEETING OF
BOARD DIRECTORS OF THE FIRST
PETITIONER COMPANY DATED 27/12/2014.
EXHIBIT P3 NIL.
EXHIBIT P3(A) TRUE COPY OF INDEMNITY BOND DATED
27/12/2014.
EXHIBIT P3(B) TRUE COPY AFFIDAVIT EXECUTED BY THE
DIRECTORS OF THE FIRST PETITIONER
COMPANY DATED 27/12/2014.
EXHIBIT P3(C) TRUE COPY OF BALANCE SHEET OF THE
COMPANY DATED 27/12/2014.
EXHIBIT P3(D) TRUE COPY OF FORM 1 FTE SUBMITTED BY
THE 1ST PETITIONER BEFORE THE SECOND
RESPONDENT
EXHIBIT P4 TRUE COPY OF THE LIST PUBLISHED IN THE
OFFICIAL WEBSITE OF RESPONDENTS WITH
RESPECT TO DISQUALIFIED DIRECTORS
DATED NIL.
Exhibit P(D) TRUE COPY OF THE FORM 1 FTE SUBMITTED
BY THE 1ST PETITIONER BEFORE THE
SECOND RESPONDENT DATED 31/12/2014.
