M/S Noah Exim And Realtors Limited vs 1. Registrar Of Companies, Kerala ...
2023 Latest Caselaw 10190 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA,
                            1945
                   WP(C) NO. 25632 OF 2023
PETITIONER:

          M/S NOAH EXIM AND REALTORS LIMITED,
          AGED 48 YEARS
          COMPANY INCORPORATED UNDER THE COMPANIES ACT OF
          1956 HAVING ITS OFFICE AT 306/6, NOAH AIRPORT
          PLAZA, MENNAD P.O., THURUTHISSERY,
          KERALA-PIN - 686583, INDIA.
          REPRESENTED BY ITS DIRECTOR, MR. GIREESHKUMAR
          PUNNANAPPALLIL VASUDEVAN NAIR.
          BY ADVS.
          VIJAY V. PAUL
          SHILPA SOMAN
          GOKUL KRISHNAN R.
          SAMAH ABDUL MAJID


RESPONDENTS:

    1      REGISTRAR OF COMPANIES, KERALA & LAKSHADWEEP
           1ST FLOOR, COMPANY LAW BHAVAN, BMC ROAD,
           THRIKKAKARA, ERNAKULAM, KOCHI, PIN-680201,
           KERALA
    2      JENY SUSAN JOSEPH
           PUTHENVEETTIL, PLOT NO.50, STAGE-II, J.P.
           NAGAR, R.S-P.O, THIRUVALLA, KERALA,
           INDIA, PIN - 689111
           BY ADVS.
           K T THOMAS
           N.SUNIL(K/1251/2000)
           NIKHIL BERNY(K/674/2014)

           SMT.MINI GOPINATH, CGC
 WPC 25632/23
                          ..2..



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WPC 25632/23
                               ..3..



                         JUDGMENT

When this matter was called today, Smt.Mini Gopinath -

learned Standing Counsel for respondent No.1 - Registrar of

Companies, submitted that Form No.12 of the petitioner's,

have already been forwarded to the Regional Director at

Chennai. She submitted that, therefore, if the parties are so

interested, same can be considered by the said Authority, after

affording them necessary opportunity of being heard.

2. Sri.Joseph Kudiyintara - learned Senior Counsel,

instructed by Sri.Vijay Paul, appearing for the petitioner and

Sri.K.T.Thomas - learned counsel appearing for respondent

No.2, acceded to the afore suggestion.

In the afore circumstances, I allow this writ petition to the

limited extent of directing the Regional Director at Chennai, to

consider Form No.12 and take an apposite decision thereon,

after hearing the petitioner and the 2 nd respondent, as

expeditiously as is possible, but not later than one month from

the date of receipt of a copy of this judgment. WPC 25632/23 ..4..

For the afore purpose, I direct the parties to mark

appearance before the Regional Director at 11.A.M. on

05.10.2023. The petitioner will produce before the said

Authority a copy of this judgment, along with a copy of this writ

petition and the afore time frame will begin from the said date.

Sd/-

DEVAN RAMACHANDRAN, JUDGE ACR WPC 25632/23 ..5..

APPENDIX OF WP(C) 25632/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BALANCE SHEET AS OF MARCH, 2021 Exhibit P2 TRUE COPY OF THE NOTICE DATED 28.05.2022 SEND BY MR FELIX SIMON TO THE 1ST PETITIONER.

Exhibit P3 TRUE COPY OF THE NOTICE DATED 28-06-

2022 INTIMATING THE 2ND RESPONDENT ABOUT EXHIBIT P2 NOTICE Exhibit P4 TRUE COPY OF THE NOTICE DATED 28-06-

2022 INTIMATING THE 2ND RESPONDENT ABOUT THE BOARD MEETING Exhibit P5 TRUE COPY OF THE FORM DIR 2 DATED 30-

07-2022 Exhibit P6 TRUE COPY OF THE MINUTES OF THE BOARD MEETING DATED 07-07-2022 Exhibit P7 TRUE COPY OF NOTICE OF EGM DATED 07-

07-2022 SENT TO MEMBERS OF THE 1ST PETITIONER IN ACCORDANCE WITH SECTION 101 OF THE ACT Exhibit P8 TRUE COPY OF PROOF OF SERVICE OF THE NOTICE OF THEEGM SEND TO THE 2ND RESPONDENT VIA EMAIL DATED 16/07/2022 Exhibit P9 TRUE COPY OF PROOF OF SERVICE OF THE NOTICE OF THE EGM SEND TO THE 2ND RESPONDENT VIA POST DATED 11/07/2022 Exhibit 10 TRUE COPY OF THE MINUTES OF THE EGM DATED 30-07-2022 EVIDENCING THE REMOVAL OF THE 2ND RESPONDENT Exhibit P11 TRUE COPY OF PROOF OF FILING RECEIPT BEARING SRN NUMBERF21298088 GENERATED BY THE WEBSITE OF THE MINISTRY OF CORPORATE AFFAIRS DATED12/08/2022 Exhibit 12 TRUE COPY OF FORM DIR 12 SUBMITTED BY THE PETITIONER DATED12/08/2022 Exhibit P13 TRUE COPY OF THE LETTER SENT BY THE WPC 25632/23 ..6..

1ST RESPONDENT CONTAINING THE COMPLAINT OF THE 2ND RESPONDENT DATED 27/10/2022 Exhibit P14 TRUE COPY OF THE RESPONSE LETTER SENT BY THE 1ST RESPONDENT TO THE EXHIBIT P13 LETTER Exhibit P15 TRUE COPY OF CURRENT STATUS DISPLAYED IN THE COMPANY MASTER DATA AVAILABLE ON THE MCA WEBSITE Exhibit P16 TRUE COPY OF THE PETITION FILED BY THE 2ND RESPONDENT HEREIN IN NCLT, KOCHI WITHOUT THE ANNEXURES RESPONDENT EXHIBITS Exhibit-R2(a) True copy of the status report of the company issued by Ministry of Corporate Affairs Exhibit-R2(c) True copy of the complaint dated 23.08.2022 submitted by 2nd respondent before the 1st respondent Exhibit-R2(d) True copy of the show cause notice dated 09.03.2023 issued by 1st respondent Exhibit-R2(e) True copy of the letter dated 03.05.2023 issued by Joint Director, Office of Regional Director, Ministry of Corporate Affairs, Chennai Exhibit-R2(f) True copy of the proceedings dated 09.06.2023 issued by Joint Director, Office of Regional Director, Ministry of Corporate Affairs, Chennai Exhibit-R2(b) True copy of the e-mail communication dated 22.08.2023 alongwith attachments sent by petitioner