Biju Thomas vs Registrar Of Companies
2022 Latest Caselaw 7210 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
      THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                         WP(C) NO. 9024 OF 2022
PETITIONER/S:

          BIJU THOMAS
          AGED 49 YEARS, MANAGING DIRECTOR, M/S SUVAN TECHNOLOGY
          SOLUTIONS INDIA PRIVATE LIMITE, 17/2464, DOVE TOWER,
          ANJIKKATH ROAD, CSEZ (P.O.), KAKKANAD, ERNAKULAM, KOCHI
          - 682037, RESIDING AT F4 & 5, TRAVANCORE RESIDENCY,
          MANGATTU ROAD, BEHIND MODERN BREAD, EDAPPALLY (P.O),
          ERNAKULAM, KOCHI - 682024
          BY ADVS.
          GAJENDRA SINGH RAJPUROHIT
          AKHIL GEORGE
          THANSEELA M.B.


RESPONDENT/S:

          REGISTRAR OF COMPANIES
          OFFICE OF THE REGISTRAR OF COMPANIES, 1ST FLOOR,
          COMPANY LAW BHAVAN, BMC ROAD, ERNAKULAM, KOCHI - 682021
          BY ADV Girish Kumar V


OTHER PRESENT:

          CGC JAISHANKAR V. NAIR; ASG S.MANU


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9024 OF 2022
                              2

                    JUDGMENT

Dated this the 23rd day of June, 2022

This writ petition is filed aggrieved by Ext.P7 order,

striking off the company, M/s Suvan Technology Solutions

India Pvt.Ltd, of which petitioner is the Managing Director,

from the Register of Companies. The order is passed under

Section 248 of the Companies Act, 2013 (in short "the

Act") and the petitioner preferred an appeal against that

order, as provided under Section 252 of the Act.

2. Learned Counsel for the petitioner submitted

that Section 248 mandates the grant of opportunity of

submitting representation to the effected person and

consideration of the representation before passing final

orders. According to the learned Counsel, Ext.P7 is passed

without complying with the above requirements, which fact

is evident from a reading of the order itself.

3. Learned CGC submitted that challenge against

Ext.P7 on the afore ground can also be considered by the

appellate authority in exercise of the power granted under WP(C) NO. 9024 OF 2022

Section 252(1) of the Act.

On careful scrutiny of Section 252 of the Companies

Act, 2013, it is seen that the appellate authority has the

power to consider the ground urged in the issue by the

petitioner.

The Writ Petition is hence closed, leaving open the

petitioner's liberty to raise all contentions in the appeal

filed under Section 252 of the Companies Act.

Sd/-

V.G.ARUN JUDGE

RK WP(C) NO. 9024 OF 2022

APPENDIX OF WP(C) 9024/2022

PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTO COPY OF THE CERTIFICATES OF INCORPORATION DATED 29.09.2011 EXHIBIT P2 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE INVESTIGATING OFFICER BEFORE THE HON'BLE METROPOLITAN SESSIONS JUDGE COURT AT NAMPALLY, HYDERABAD EXHIBIT P3 TRUE PHOTOCOPY OF THE ABOVE NOTICE ISSUED BY THE RESPONDENT DATED 03.11.2021 EXHIBIT P4 TRUE COPY OF THE POSTAL ENVELOPE EXHIBIT P5 TRUE PHOTO COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 20.12.2021 EXHIBIT P6 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD ACKNOWLEDGING RECEIPT OF EXHIBIT P5 REPRESENTATION BY THE RESPONDENT EXHIBIT P7 TRUE COPY OF THE MASTER DATA OF THE PETITIONER'S COMPANY EXHIBIT P8 TRUE COPY OF THE LETTER OF THE 4TH RESPONDENT TO THE PETITIONER WITH ENGLISH VERSION