Kerala High Court
Shobal Thomas Abraham @Thomas Shobal ... vs M/S. Malabar Produce & Rubber Company ... on 11 June, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
RP NO. 466 OF 2024
AGAINST THE JUDGMENT DATED 02.04.2024 IN WP(C) NO.12646 OF 2024 OF
HIGH COURT OF KERALA
REVIEW PETITIONER/THIRD PARTY:
SHOBAL THOMAS ABRAHAM @THOMAS SHOBAL ABRAHAM,
AGED 36 YEARS, S/O THOMAS B. ABRAHAM,
DIRECTOR, MALABAR PRODUCE & RUBBER COMPANY LIMITED,
HAVING ITS REGISTERED OFFICE AT THAMARASSERY,
KOZHIKODE- 673 573 AND RESIDING AT A-2
GANDHI NAGAR COLONY, BHAT ROAD JUNCTION,
WEST HILL P.O, KOZHIKODE-, PIN - 673 005
BY ADVS.
P.MARTIN JOSE
P.PRIJITH
THOMAS P.KURUVILLA
R.GITHESH
AJAY BEN JOSE
MANJUNATH MENON
SACHIN JACOB AMBAT
ANNA LINDA EDEN
HARIKRISHNAN S.
RESPONDENTS/WRIT PETITIONER/RESPONDENT:
1 M/S. MALABAR PRODUCE & RUBBER COMPANY LTD.,
[CINU2519137PLC000692], THAMARASSERY P.O.,
KOZHIKODE - WRONGLY STATED TO BE
REPRESENTED BY ITS DIRECTOR SULTAN THOMAS OOMMEN,
[DIN:02124035]., PIN - 673 573
2 THE REGISTRAR OF COMPANIES,
COMPANY LAW BHAVAN, BMC ROAD,
THRIKKAKARA P.O., ERNAKULAM -, PIN - 682 021
SRI. S. SREEKUMAR.SR.
SRI.SYAM PADMAN, SR.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO. 466 OF 2024
2
T.R.RAVI.J
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RP No.466 of 2024 in WP(C) No.12646 of 2024
--------------------------------------------------------
Dated this the 11th day of June, 2024
ORDER
The review petition has been filed against a
judgment wherein this Court had, taking into account
the limited prayer made, directed the Registrar of
Companies to consider and pass orders on Exts.P1 to P3
which are pending before him. The writ petition has
been filed by a company represented by its Director who
has filed two other writ petitions WP(C)No.17913 of
2022 and WP(C)No.20531 of 2021 before this Court in
his individual capacity. The issues in those writ petitions
are regarding the management of the Malabar Products
and Rubber Company Limited, viz; the petitioner in
RP NO. 466 OF 2024
WP(C)No.12646 of 2024. The review petitioner has stated
that the pendency of the above writ petitions has not
been stated in WP(C)No.12646 of 2024 and there are
several other issues relating to the company which
includes the transfer of shares on the death of Smt.Jolly
Thomas who was a major share holder and the changes
that would have been required by the death of
Capt.Vijay Kumar Trehan who was another Director.
2. On hearing the counsel on either side, it is
revealed that several civil litigations are also pending
before the competent Civil Courts.
3. In the above circumstances, disposal of the writ
petition without answering the merits with a direction to
the Registrar was a mistake that happened due to not
knowing the entire facts relating to the applications
which are now filed before the Registrar. Hence, I am of
RP NO. 466 OF 2024
the opinion that a hearing of the issues on merits is
required. The judgment dated 02.04.2024 is reviewed
and recalled. The writ petition is taken back on file.
4. The respondents in WP(C)No.17913 of 2022 and
WP(C)No.20531 of 2021, if they intend to take part in
the proceedings in WP(C)No.12646 of 2024 are free to
file appropriate applications for getting themselves
impleaded. Post all the writ petitions together for
hearing on 03.07.2024.
Sd/-
T.R.RAVI
JUDGE
sn
RP NO. 466 OF 2024
PETITIONERS' ANNEXURES
ANNEXURE A TRUE COPY OF THE INTERIM ORDER DATED 4-8-2023
IN WP(C) NO: 17913 OF 2022 OF THIS HON'BLE
COURT
ANNEXURE B TRUE COPY OF THE SHAREHOLDERS' LIST
MAINTAINED BY THE M/S MALABAR PRODUCE &
RUBBER COMPANY LIMITED.
ANNEXURE C TRUE COPY OF LIST OF DIRECTORS OF M/S MALABAR
PRODUCE & RUBBER COMPANY LIMITED
ANNEXURE D TRUE COPY OF THE FIR IN CRIME NO: 229 DATED
30-3-2024 OF THAMARASSERY POLICE STATION
RESPONDENTS' ANNEXURES
ANNEXURE R1 (A) A TRUE COPY OF THE MINUTES OF THE MEETING OF
THE BOARD OF DIRECTORS OF THE COMPANY HELD ON
23/12/2016
ANNEXURE R1 (B) A TRUE COPY OF THE MGT 9 FORM DIRECTOR'S
REPORT FOR THE YEAR 2016-2017
ANNEXURE R1 (C) A TRUE COPY OF THE NOTICE DATED 31/8/2017,
REGARDING THE 80TH ANNUAL GENERAL MEETING OF
THE COMPANY
ANNEXURE R1 (D) A TRUE COPY OF THE NOTICE DATED 25/9/2017,
REGARDING THE 80TH ANNUAL GENERAL MEETING OF
THE COMPANY
ANNEXURE R1 (E) A TRUE COPY OF THE COMPLAINT DATED 12/1/2021,
SUBMITTED BY ME BEFORE THE REGISTRAR OF
COMPANIES
ANNEXURE R1 (F) A TRUE COPY OF THE ARTICLES OF ASSOCIATION OF
THE COMPANY
ANNEXURE R1(G) A TRUE COPY OF THE MINUTES OF THE MEETING OF
THE BOARD OF DIRECTORS OF THE COMPANY HELD ON
16/10/2021
ANNEXURE R1 (H) A TRUE COPY OF THE ORDER DATED 7/1/2023 IN
I.A.NO.2/2023 IN O.S.NO. 3 OF 2021 ON THE
FILES OF THE HONORABLE MUNSIFF'S COURT
KOZHIKODE
ANNEXURE R1 (I) A TRUE COPY OF THE REQUISITION DATED 4/9/2023
SUBMITTED BY THE PETITIONER'S FATHER TO THE
BOARD OF DIRECTORS OF THE COMPANY
RP NO. 466 OF 2024
ANNEXURE R1 (J) A TRUE COPY OF THE NOTICE DATED 16/10/2023
SEND BY THE PETITIONER'S FATHER TO THE REVIEW
PETITIONER
ANNEXURE R1 (K) A TRUE COPY OF THE NOTICE DATED 16/10/2023
ISSUED BY THE PETITIONER'S FATHER TO THE
MEMBERS OF THE COMPANY
ANNEXURE R1 (L) A TRUE COPY OF THE FINAL REPORT DATED
9/1/2023IN CRIME NO. 1040 OF 2020 OF
PANNIYANKARA POLICE STATION
ANNEXURE R1 (M) A TRUE COPY OF THE ORDER DATED 28/11/2022 IN
C.M.P.NO. 4474 OF 2022 IN CRIME NO. 1040 OF
2021 OF PANNIYANKARA POLICE STATION
ANNEXURE R1 (N) A TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 789 OF 2023 OF THAMARASSERY
POLICE STATION
//TRUE COPY// PA TO JUDGE
