Halacampus Private Limited vs Union Of India
2022 Latest Caselaw 8166 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR.JUSTICE V.G.ARUN
     FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                      WP(C) NO. 16869 OF 2022
PETITIONER/S:

              HALACAMPUS PRIVATE LIMITED
              ASIATIC BUSINESS CENTER TOWER, KAZHAKUTTOM
              P.O., THIRUVANATHAPURAM PIN 695 582 REPRESENTED
              BY VALSAMMA ABRAHAM ROY.
              BY ADVS.
              P.J.MATHEW
              EBIN MATHEW
              AKHILA SHOJI

RESPONDENT/S:

      1       UNION OF INDIA
              REPRESENTED BY THE SECRETARY, MINISTRY OF
              CORPORATE AFFAIRS, 'A' WING,SHASTRIBHAVAN,
              RAJENDRA PRASAD ROAD, NEW DELHI-110001.
      2       THE REGIONAL DIRECTOR,
              SOUTHERN REGION, MINISTRY OF CORPORATE AFFAIRS,
              SHASTRIBHAVAN,BLOCK1,VTH FLOOR, 26,
              HADDOWSROAD, CHENNAI-600006.
      3       THE ADJUDICATING OFFICER,
              REGISTRAR OF COMPANIES KERALA & LAKSHADWEEP,
              FIRST FLOOR, COMPANY LAW BHAVAN, THRIKKAKARA
              KOCHI, KERALA PIN 682 021
      4       REGISTRAR OF COMPANIES KERALA & LAKSHADWEEP,
              FIRST FLOOR, COMPANY LAW BHAVAN, THRIKKAKARA
              KOCHI, KERALA PIN 682 021.
              BY ADVS.
              M.A.SHAJI
              Kiran M.S.

OTHER PRESENT:

              ASG S. MANU
          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    01.07.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.16869 of 2022

                                  -2-



                             JUDGMENT

Dated this the 01st day of July, 2022

The petitioner is a Company incorporated on

15.03.2019 and registered under the Companies

Act, 2013 ('the Act' for short). Section 10(A) of

the Act mandates the filing of submission

regarding commencement of business by the company

within 180 days of incorporation. The submission

under Section 10(A) of the Act was made by the

petitioner after one day of the stipulated time.

This resulted in Ext.P6 order, imposing a penalty

of Rs.50,000/- on the Company and Rs.1,000/- on

the Directors. The petitioner preferred an appeal

against Ext.P6, as provided under Section 454 of

the Act. Section 454(6) stipulates a time limit

of sixty days for filing the appeal. The appeal

was admittedly filed with a delay of 507 days. By

the impugned order, the appellate authority has

dismissed the appeal, refusing to condone the W.P.(C) No.16869 of 2022

delay.

2. Learned counsel for the petitioner

submitted that immediately after receipt of

Ext.P6 order, the Government had imposed lockdown

to curb the spread of Covid 19 pandemic. Taking

note of the situation, the Honourable Supreme

Court had excluded the time limit falling within

the lockdown period, while computing the

limitation period. Thereby the period of

limitation for filing appeal under Section 454(6)

also got extended from 15.3.2020 to 28.2.2021.

Indisputably, the limitation period of sixty days

in the petitioner's case fell within the extended

period. The petitioner had filed its appeal on

07.09.2021, which is also within the period.

Being so, the appellate authority committed gross

mistake in refusing to condone the delay and

dismissing the appeal.

3. I heard the learned counsel for the CGS

and the learned counsel for the petitioner. In as W.P.(C) No.16869 of 2022

much the impugned order was served and the appeal

filed within the period covered by the order of

the Honourable Supreme Court, the right to get

the period extended for reckoning the period of

limitation cannot be denied. In the result,

Ext.P9 order is quashed and the 2nd respondent is

directed to take back Ext.P7 appeal on file. The

appeal shall thereafter be decided on merits,

after extending the benefit of the order passed

by the Apex Court in Re: Cognizane for extension

of Limitation [2021 (5) KHC 508 (SC)] to the

petitioner. The writ petition is disposed of

accordingly.

Sd/-

V.G.ARUN JUDGE Scl/01.07.2022 W.P.(C) No.16869 of 2022

APPENDIX OF WP(C) 16869/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE INCORPORATION OF THE PETITIONER COMPANY ISSUED BY THE 1ST RESPONDENT. Exhibit P2 A TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF THE PETITIONER COMPANY. Exhibit P3 A TRUE COPY OF THE RESOLUTION OF THE PETITIONER COMPANY DATED 14/04/2021. Exhibit P4 A TRUE COPY OF THE DECLARATION FOR COMMENCEMENT OF BUSINESS FILED IN FORM NO INC-20A ALONG WITH THE RECEIPT. Exhibit P5 A TRUE COPY OF THE REPLY TO THE SHOW CAUSE NOTICE DATED 26/12/2019. Exhibit P6 A TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT BEARING NO.ROC/S- 454/10A//2020 DATED 20/01/2020. Exhibit P7 A TRUE COPY OF THE APPEAL FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 07/09/2021 IN THE PRESCRIBED FORM- ADJ.

Exhibit P8 A TRUE COPY OF THE ORDER DATED 27/04/2021 IN MISCELLANEOUS APPL.NO.665 OF 2021 IN SMW(C)NO 3 OF 2021 OF HON'BLE SUPREME COURT OF INDIA.

Exhibit P9 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT BEARING NO ADJ/09/RD(SR) 20201-22 DATED 22/10/2021.

Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED 01/12/2021 IN WP(C) 14962/2021 OF THIS HON'BLE COURT.