M/S. Kannur Institute Of Medical ... vs Union Of India
2023 Latest Caselaw 8902 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                       WP(C) NO. 25967 OF 2023
PETITIONERS:

    1     M/S. KANNUR INSTITUTE OF MEDICAL SCIENCE AND TECHNOLOGY
          PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT
          BUILDING NO.PP 554, UNION SHOPPING COMPLEX,SOUTH
          BAZAR,KANNUR -670002 REPRESENTED BY ITS DIRECTOR SRI
          SREEJITH NHANDANMADATH KUMMAN, (DIN:02585366), AGED 53,
          S/O. N.K KUNHANANDAN, RESIDING AT PANOYIL HOUSE,
          AZHIKODE, P.O BALAIPATAM, KANNUR, PIN - 670009
    2     AKKAVIL POOVAN JAYASENAN
          S/O MUKUNDAN.A.K, AGED 72 YEARS, AYACHATTY HOUSE,
          NEAR PALLIKUNNU TEMPLE,PALLIKUNNU.P.O, KANNUR-670103.
          (DIN: 01961929)
    3     JAYADEVAN KOLANGARA
          AGED 60 YEARS
          S/O P.K. KRISHNAN NAMBIAR, AGED 60, (DIN: 08074951)
          THEJUS, PULLAMBIL ROAD,THIRUVANGAD, THALASSERY, KANNUR,
          PIN - 670103
          BY ADVS.
          R.LAKSHMI NARAYAN
          R.RANJANIE
          LEKSHMI BABU.B.S.


RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
          MINISTRY OF CORPORATE AFFAIRS, A" WING SHASTRI BHAWAN
          GARAGE, NO.14, DR RAJENDRA PRASAD ROAD,
          NEW DELHI, PIN - 110001
    2     THE JOINT DIRECTOR
          E-GOVERNANCE CELL, MINISTRY OF CORPORATE AFFAIRS, A"
          WING SHASTRI BHAWAN GARAGE, NO.14, DR RAJENDRA PRASAD
          ROAD, NEW DELHI, PIN - 110001
    3     REGISTRAR OF COMPANIES
 WP(C) NO.25967 OF 2023


                         2


         COMPANY LAW BHAWAN, BMC ROAD,
         THRIKKAKARA, KOCHI, PIN - 682021
         BY ADV.
         SRI.MANU S., DSGI



      THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 14.08.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C) NO.25967 OF 2023


                                  3




             P.V.KUNHIKRISHNAN, J.
            ------------------------------
            W.P.(C) No.25967 of 2023
    ----------------------------------------------
    Dated this the 14th day of August, 2023


                       JUDGMENT

The above writ petition is filed with the

following prayers:

"1. Issue a writ of mandamus or other appropriate writ or direction, directing 3 rd respondent to process Ext.P2 at the earliest and make changes as requested in Ext. P-2, in consonance with the decisions taken in the Extra ordinary General body meeting of the 1 st petitioner, as upheld by Ext.P1 order.

2. Permit the petitioner to produce the English translation of the Exhibits in Vernacular languages as and when directed the Hon'ble Court.

3. Pass such other order or direction which may be deemed fit and prefer in the WP(C) NO.25967 OF 2023

facts and circumstances in the case. And Allow this Writ petition with cost to the petitioner"[SIC]

2. It is the case of the petitioners that, an

Extraordinary General Body meeting of the 1st

petitioner was held on 7.05.2022 and the 2 nd and

3rd petitioners were selected as the Director board

members of the 1st petitioner. The above

proceedings was challenged before the National

Company Law Tribunal and as per Ext.P1 order,

the same was confirmed. Now the 1 st petitioner

submitted Exts.P2 and P4 before the 3 rd

respondent in the prescribed format. The

grievance of the petitioner is that the 3rd

respondent is not processing Exts.P2 and P4.

Hence this writ petition is filed.

3. Heard the learned counsel appearing for WP(C) NO.25967 OF 2023

the petitioner and the learned DSGI.

4. After hearing both sides, I think this writ

petition itself can be disposed of directing the 3 rd

respondent to process Exts.P2 and P4, within a

time frame.

Therefore, this writ petition is disposed of

with the following directions:

i. The 3rd respondent is directed to

process Exts.P2 and P4 and take appropriate

decision in accordance with law in the light of

Ext.P1 order, as expeditiously as possible, at

any rate, within a period of one month from

the date of receipt of a certified copy of this

judgment.

ii. The 3rd respondent is free to issue

notice to the parties in Ext.P1 also, if

necessary.

WP(C) NO.25967 OF 2023

iii. Petitioner will produce a certified

copy of this judgment along with a copy of the

writ petition before the 3rd respondent for

compliance.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO.25967 OF 2023

APPENDIX OF WP(C) 25967/2023

PETITIONER EXHIBITS EXHIBIT 1 THE TRUE COPY OF THE ORDER DATED 21.04.2021, OF THE NATIONAL COMPANY LAW TRIBUNAL, KOCHI BENCH, KOCHI EXHIBIT P-2 THE TRUE COPY OF THE APPLICATION DATED 8.05.2022, IN THE PRESCRIBED FORMAT UNDER DIR - 12 VIDE SRN NO.T99852345, FILED BEFORE THE 3RD RESPONDENT EXHIBIT P-3 THE TRUE COPY OF THE RECEIPT ACKNOWLEDGING SERVICE REQUEST DATED 8.05.2022 EXHIBIT P-4 THE TRUE COPY OF THE REQUEST VIDE FORM NO. INC-28 AS PER SNR NO.

                   AA2264773,    DATED    4.05.2023,
                   SUBMITTED    BEFORE    THE    3RD
                   RESPONDENT



RESPONDENTS EXHIBITS       :NIL
                 //TRUE COPY//    PA TO JUDGE