Jaison Jacob vs The Registrar Of Companies
2024 Latest Caselaw 9772 Ker

Kerala High Court

Jaison Jacob vs The Registrar Of Companies on 4 April, 2024

Author: P Gopinath

Bench: P Gopinath

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                       WP(C) NO. 27278 OF 2018
PETITIONERS:

    1     JAISON JACOB,
          AGED 46 YEARS,
          S/O.JACOB, VATTUKUNNEL HOUSE, RAMAPURAM P.O., PALA,
          KOTTAYAM-686 591.
    2     SINCHU JAISON,
          AGED 43 YEARS,
          W/O.JAISON JACOB, VATTUKUNNEL HOUSE, RAMAPURAM P.O.,
          PALA, KOTTAYAM-686 576.
          BY ADV SRI.BIJU ABRAHAM


RESPONDENTS:

    1     THE REGISTRAR OF COMPANIES,
          BMC ROAD, THRIKKAKARA P.O., KAKKANAD, KOCHI-682 021.
    2     THE SECURITIES AND EXCHANGE BOARD OF INDIA,
          6TH FLOOR, FINANCE TOWER, KALOOR, KOCHI - 682017,
          REPRESENTED BY ITS CHAIRMAN.
    3     SECURITIES & EXCHANGE BOARD OF INDIA,
          PLOT NO. CA-A, G-BLOCK, BANDRA KURLA COMPLEX, BANDRA
          EAST, MUMBAI-400 051, REPRESENTED BY ITS CHAIRMAN.
    4     M/S.CELEBRUS COMMODITIES LIMITED,
          27/540, 3RD FLOOR, EAK TOWERS, MAIN AVENUE, PANAMPILLY
          NAGAR, KOCHI-682 036, REPRESENTED BY ITS AUTHORIZED
          REPRESENTATIVE SRI.MADHUSUDHANAN E.P.
    5     COMMODITY ONLINE INDIA LIMITED,
          27/540, 3RD FLOOR, EAK TOWERS, MAIN AVENUE, PANAMPILLY
          NAGAR, KOCHI, KERALA, INDIA-682 036.
    6     ACUMEN GROUP OF COMPANIES,
          VEEKSHANAM ROAD, KACHERIPADY, ERNAKULAM-682 018,
          REP.BY ITS MANAGING DIRECTOR AKSHAY AGARWAL.
          BY ADVS.
          SRI.K.M.JAMALUDHEEN
          SRI.K.JAJU BABU (SR.)
          SRI.JOSEPH SEBASTIAN PURAYIDAM
          SRI.BINOY DAVIS, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27278 OF 2018
                                       2

                                JUDGMENT

This writ petition has been filed seeking the following

relief:-

"The Hon'ble Court may be pleased to call for the records relating to the petitioners' grievance and may pleased to issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents 1 to 3 not to effect any kind of transfer of the assets of respondents 4 & 5 with any other company including 6th respondent or allow any kind of amalgamation of 4th and 5th respondent with 6th respondent or any other company till the claim of the petitioners are settled."

2. The learned counsel appearing for respondents 2 and

3 would draw my attention to the averments in the counter

affidavit filed by respondents 2 and 3 and would submit that the

petitioners have already filed company petitions as Company

Petition Nos.21/2016 and 22/2016 before this Court projecting

the very same grievances as raised in this writ petition. It is also

pointed out that the claim of the petitioners have been already

referred for Arbitration in terms of the bye laws of the Multi

Commodity Exchange of India Limited and those proceedings WP(C) NO. 27278 OF 2018

were dismissed by the two orders dated 16.05.2016. The orders

are also on record as Exhibits R-2(a) and R-2(b). It is pointed

out that it is for the petitioners to work out their remedies against

the said orders if they are aggrieved by the same.

3. Taking into consideration of the averments in the

counter affidavit filed by respondents 2 and 3, I am of the opinion

that the relief sought for in this writ petition cannot be granted.

Therefore, considering the fact that the petitioners are already

before this Court / National Company Law Tribunal by filing

Company Petition Nos.21/2016 and 22/2016 and also

considering the fact that their complaints were referred for

Arbitration and have been disposed of by Exhibits R-2(a) and R-

2(b) orders, the writ petition is dismissed, leaving open all

contentions taken by the petitioners to be urged in appropriate

proceedings.

Sd/-

GOPINATH P. JUDGE DK WP(C) NO. 27278 OF 2018

APPENDIX OF WP(C) 27278/2018

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE LETTER DATED 23/6/2018 SENT BY THE PETITIONERS TO THE 1ST AND 2ND RESPONDENTS WITH COPY TO THE 3RD RESPONDENT RESPONDENT EXHIBITS EXHIBIT R2(A) TRUE COPYOF ARBITATION ORDER DATED 16.05.2016 BEARING MCX/ARB/3269A/15(SINDHU JAISON V.CELEBRUS COMMODITIES LIMITED) EXHIBIT R2(B) TRUE COPY OF THE ARBITRATION ORDER DATED 16.05.2016 BEARING MCS/ARB/3311A/15 (CELEBRUS COMMODITIES LIMITED VS. JAISON JACOB) EXHIBIT R2(C) TRUE COPY OF THE COMPLAINT OF THE 1ST PETITIONER DATED 2-11-2015 TO THE 3RD RESPONDENT EXHIBIT R2(D) TRUE COPY OF THE COMPLAINT OF THE 2ND PETITIONER DATED 20.12.2015 TO THE 3RD RESPONDENT EXHIBIT R2(E) TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT.