Kerala High Court
Mookada Moosa Mujeeb Rahiman vs Union Of India on 28 May, 2020
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 28TH DAY OF MAY 2020 / 7TH JYAISHTA, 1942
WP(C).No.10447 OF 2020(E)
PETITIONERS:
1 MOOKADA MOOSA MUJEEB RAHIMAN
MOOKADA HOUSE, MUDICKAL P.O. PERUMBAVOOR ,
KERALA 683 542,
2 MR. POLLY THOMAS,
OVUNGAMALIL HOUSE, PALLUVAZHY P.O. KERALA, 683 541.
3 MR. SULAIMAN KARAVATHUKUDY KOCHAHAMED,
KAROTHUKUDY HOUSE, ALLAPRA P.O. KERALA, 683 556.
4 M.R SLAIM KARIMPANACKAL VEERAN,
KARIMVANAKKAL HOUSE, ALLAPRA P.O. KEREALA, 683 556.
5 MR. BASHEER KOOTTAYI ABDUL RAHIMAN,
KOOTTAYI HOUSE, RAYONPURAM P.O. KERALA. 683 543.
6 MR. BABU SAIDALY
THAYALAN HOUSE, CHOORAKOOD, PATTIMATTOM,
KERALA 683 541.
7 MR. MOIDEEN HAMEED,
MODERN PLYWOOD INDUSTRIES, RAYAMANGALAM P.O.
KERALA 683 545.
8 MR. A.M SUBAIR
ALAVUMKUDY HOUSE, PONJASSERY P.O.
KERALA 683 547.
BY ADV. SRI.SUKUMAR NAINAN OOMMEN
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF CORPORATE
AFFAIRS A WING, SHASSTRI BHAWAN, RAJENDRA PRASAD
ROAD, NEW DELHI 10 001.
2 THE REGISTER OF COMPANIES,
KOCHI, COMPANY LAW BUILDING, KAKKANAD,
KOCHI 682 021.
3 SAW MILL OWNERS SERVICE ENTERPRISES LIMITED,
CITY ESTATE, MC ROAD, PERUMBAABVOOR , KERALA 683 542,
REPRESENTED BY ITS MANAGING DIRECTOR.
WP(C).No.10447 OF 2020
2
4 CHERAKKAKUDY KOCHAHAMMED ABDULMAJEED,
CHERAKKUDY HOUSE, ALLAPRA P.O. ERNAKULAM 683 556.
5 MOOKADA KOCHU HAMZA,
MOOKADA HOUSE, MUDICAL P.O.
PERUMBAVOOR 683 542.
6 KOTTAKUZHY ANAVATTATHU VARGHESE SAMUEL,
GRACE COTTAGE, MALAMURY P.O. ERNAKULAM 683 541.
7 ABDULRAZACK CHERAKAKUDY MOIDEEN.
CHERAKAKUDY HOUSE, ALLAPRA P.O.
ERNAKULAM 683 556.
8 THURUTHUMAIL VEERAN ABDULKHADAR,
THURUTHUMAIL HOUSE, ALLAPRA P.O.
ERNAKULAM 683 556.
9 AKKALAMATTAM ALIYAR SIDHIQUE,
AKKALAMATTAM HOUSE, MALAMURY, PULLUVAZHY P.O.
KERALA 683 545.
10 KANAMPURAM ABDULLA SHAMEER,
KANAMPURAM HOUSE, IRINGOLE P.O.
ERNAKULAM 683 545.
11 V.M. ALIYAR,
VADDAIKUDY HOUSE, RAYONPURAM P.O. , KERALA 683
543.
12 A.S. NARAYANAN,
VI/331 AISWARYAM, KATTAYI CURHSER RD,
NEDUMBASSERY, ALUVA 683 585.
13 FEDERAL BANK LIMITED,
A.M. ROAD,M PERUMBAVOOR 683 542, REPRESENTED BY
ITS BRANCH MANAGER.
14 AXIS BANK LIMITED,
P.P. ROAD, PERUMBAVOOR 683 542,
REPRESENTED BY ITS BRANCH MANAGER.
15 UNION BANK LIMITED,
A.M. ROAD, PERUMBAVOOR 683 542,
REPRESENTED BY ITS BRANCH MANAGER.
WP(C).No.10447 OF 2020
3
OTHER PRESENT:
ASG. P. VIJAYAKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.05.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.10447 OF 2020
4
JUDGMENT
It is submitted by the learned counsel appearing for the petitioners that he has been assured by the Registry of the NCLT that in case the petition is moved before the NCLT, Cochin Bench by e-filing, the matter will be considered by the said Bench appropriately without undue delay. The learned ASGI also submits that e-filing is possible in the NCLT. The said submissions are recorded and this writ petition is closed.
Sd/-
ANU SIVARAMAN JUDGE bng/28.05.2020 WP(C).No.10447 OF 2020 5 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MINUTES OF THE 26TH AGM HELD ON 30.09.2019.
EXHIBIT P2 TRUE COPY OF THE MINUTES OF THE 24TH AGM HELD ON 28.09.2017.
EXHIBIT P3 TRUE COPY OF THE MINUTES OF THE 25TH AGM HELD ON 29.09.2018.
EXHIBIT P4 (COLLY), TRUE COPY OF THE CERTIFICATE OF INCORPORATION AND THE MEMORANDUM OF ASSOCIATION.
EXHIBIT P5 TRUE COPY OF THE ARTICLES OF ASSOCIATION.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 19.12.2019 WITH THE SPECIAL NOTICES.
EXHIBIT P7 STATE DISCLOSING THE RELATIONSHIPS BETWEEN THE RESPONDENTS.
EXHIBIT P8 COPY OF THE PROXY FORM WHICH HAS BEEN CIRCULATED.
EXHIBIT P9 TRUE COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS HELD ON 09.01.2020.
EXHIBIT P10 TRUE COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS HELD ON 29.01.2020.
EXHIBIT P11 TRUE COPY OF THE LETTER OF CONFIDENCE GIVEN BY SHAREHOLDERS.
EXHIBIT P12 TRUE COPY OF THE ORDER DATED 29.2.2020 IN I.A. 2/2020 IN O.S. 33/2020.
EXHIBIT P13 TRUE COPY OF THE DOCUMENTS (DIR-12) FILED BY THE 11TH RESPONDENT AT THE INSTANCE OF THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENTS.
WP(C).No.10447 OF 2020 6 EXHIBIT P14 TRUE COPY OF THE COMPLAINT FILED TO THE POLICE 1ST PETITIONER.
EXHIBIT P15 (COLLY), TRUE COPIES OF THE COMMUNICATIONS DATED 26.02.2020 AND 23.03.2020 TO THE 2ND RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE DIR-12 DATED 19.05.2020 FILED BY 11TH RESPONDENT.
EXHIBIT P17 TRUE COPY OF THE COMPLAINT DATED 18.05.2020.
EXHIBIT P18 (COLLY), TRUE COPY OF THE LETTERS TO 13TH, 14TH, AND 15TH RESPONDENTS.
EXHIBIT P19 TRUE COPY OF A PHOTOGRAPH OF THE HOARDING.
EXHIBIT P19 TRUE COPY OF A PHOTOGRAPH OF THE HOARDING.