Kerala High Court
Gilson John vs Union Of India on 10 December, 2025
WP(C) No.23785 of 2025 1
2025:KER:95256
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 10TH DAY OF DECEMBER 2025/19TH AGRAHAYANA, 1947
WP(C) NO.23785 OF 2025
PETITIONER:
GILSON JOHN, AGED 54 YEARS,
SON OF LATE SILVESTER MENDEZ,
VALIYAPARAMBIL HOUSE, BEHIND LOURDES HOSPITAL,
PACHALAM P.O., KOCHI, PIN - 682012
BY ADVS.
SRI.B.ASHOK SHENOY
SRI.P.S.GIREESH
SHRI.ARJUN R NAIK
SHRI.UMASANKER U.U.
SHRI.ADITYA A. SHENOY
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GOVERNMENT OF INDIA, MINISTRY OF CORPORATE AFFAIRS,
A WING, SHASTRI BHAWAN, RAJENDRA PRASAD ROAD,
NEW DELHI, PIN - 110001
2 THE REGIONAL DIRECTOR
GOVERNMENT OF INDIA, MINISTRY OF CORPORATE AFFAIRS,
SOUTHERN REGION, 5TH FLOOR, SHASTRI BHAWAN, 26
HADDOWS ROAD, CHENNAI, PIN - 600006
WP(C) No.23785 of 2025 2
2025:KER:95256
3 THE REGISTRAR OF COMPANIES (KERALA & LAKSHADWEEP),
BMC ROAD, THRIKKAKARA, P.O., KAKKANAD, KOCHI,
PIN - 682021
4 BHAGYODAYAM COMPANY, REGISTERED OFFICE, CHATHIATH,
PACHALAM, ERNAKULAM, KOCHI, PIN - 682012
5 ALEXANDER CORREYA
CORREYA COTTAGE, CORREYA ROAD, PACHALAM P.O.,
ERNAKULAM, KOCHI, PIN - 682012
6 JUDE JOSE VAZHUVELI RAPHAEL
VAZHUVELI HOUSE, JESUS CROSS ROAD,
VADUTHALA P.O., ERNAKULAM, KOCHI, PIN - 682023
7 PAYYAPILLY ALEXANDER PERIGREEN
PAYYAPILLY HOUSE, CHITTOOR ROAD, VADUTHALA P.O.,
ERNAKULAM, KOCHI, PIN - 682023
8 WILLY VALIYAPARAMBIL JOSEPH
411, VALIYAPARAMBIL HOUSE, 45 DIVISION,
PACHALAM P.O., ERNAKULAM, KOCHI, PIN - 682012
9 DOMINIC XAVIER RALPH
VALIYAPARAMBIL HOUSE, PRAMOD LANE, PACHALAM P.O.,
ERNAKULAM, KOCHI, PIN - 682012
0 PADINJATTUMMURY JOSEPH MANUEL
46/19, PADINJATTUMMURY HOUSE, PUSHPAKA ROAD,
VADUTHALA P.O., ERNAKULAM, KOCHI, PIN - 682023
11 NEDUVELIL DEVASSY GEORGE
70 2117, NEDUVELIL HOUSE, SRM CROSS ROAD,
PACHALAM P.O., ERNAKULAM, KOCHI, PIN - 682012
12 LAWRENCE BOSCO LOPEZ
VELIYATH VEEDU, SCHOOLPADI PEOPLE'S ROAD,
VADUTHALA P.O., KOCHI, PIN - 682023
WP(C) No.23785 of 2025 3
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13 HENDRI JAMES
45/410, VALIYAPARAMBIL HOUSE, CORREYA ROAD,
PACHALAM P.O., ERNAKULAM, KOCHI, PIN - 682012
14 AUGUSTINE JOSE
VELIATHUPARAMBIL HOUSE, KANNACHANTHODU ROAD,
ERNAKULAM, KOCHI, PIN - 682018
15 JOSEPH THOMAS LOPEZ
VELIATH HOUSE, POTTAKUZHY ROAD, PACHALAM P.O.,
ERNAKULAM, KOCHI, PIN - 682012
16 VARGHESE MANAYIL JOSEPH
45/450, MANAYIL HOUSE, GOLDEN STREET ROAD,
VADUTHALA P.O., ERNAKULAM, KOCHI, PIN - 682023
17 TITUS ETTURUTHIL XAVIER
39/158A, ETTURUTHIL HOUSE, TOCH ROAD, VYTILLA P.O.,
ERNAKULAM, KOCHI, PIN - 682019
18 JOSEPH LANGTON CORREYA
UNDACHAMPARAMBU, KELAMANGALATH LANE, PACHALAM P.O.,
ERNAKULAM, KOCHI, PIN - 682012
BY ADVS.
O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
SMT.K.J.KARTHIKA
SHRI.PHILIP MATHEW
SRI.VINAY MATHEW JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.23785 of 2025 4
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VIJU ABRAHAM, J.
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W.P.(C) No.23785 of 2025
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Dated this the 10th day of December, 2025
JUDGMENT
The petitioner has approached this Court seeking a direction to the 3rd respondent to consider and pass orders on Exts.P1 and P5, in accordance with law, after affording an opportunity of hearing to the petitioner as well as respondents 4 to 18 within a time frame fixed by this Court.
2. The specific contention raised by the petitioner is based on Section 164(2)(a) of the Companies Act, 2013 and the consequent disqualification.
3. Detailed counter affidavits have been filed by respondents 3 and 4. After hearing the respective counsel, this Court is of the opinion that this writ petition could be disposed of, by issuing a direction to the 3 rd respondent to take a decision on Exts.P1 and P5 submitted by the petitioner, after affording an WP(C) No.23785 of 2025 5 2025:KER:95256 opportunity of hearing to the petitioner as well as respondents 4 to
18.
4. Taking into consideration the above facts and circumstances, I am inclined to dispose of this writ petition with a direction to the 3rd respondent to consider and pass orders on Exts.P1 and P5 submitted by the petitioner, in accordance with law, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of hearing to the petitioner as well as respondents 4 to 18.
With the above said direction, the writ petition is disposed of.
Sd/-
VIJU ABRAHAM JUDGE sp/10/12/2025 WP(C) No.23785 of 2025 6 2025:KER:95256 APPENDIX OF WP(C) NO. 23785 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 19.2.2025 SUBMITTED BY PETITIONER TO 3RD RESPONDENT WITH COPY TO 1ST AND 2ND RESPONDENTS Exhibit P2 TRUE COPY OF TRACK CONSIGNMENT REPORT AS TO DELIVERY OF EXHIBIT P1 SENT TO 1ST RESPONDENT Exhibit P3 TRUE COPY OF TRACK CONSIGNMENT REPORT AS TO DELIVERY OF EXHIBIT P1 SENT TO 2ND RESPONDENT Exhibit P4 TRUE COPY OF TRACK CONSIGNMENT REPORT AS TO DELIVERY OF EXHIBIT P1 SENT TO 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 12.4.2025 SUBMITTED BY PETITIONER TO 3RD RESPONDENT WITH COPY TO 1ST AND 2ND RESPONDENTS Exhibit P6 TRUE COPY OF TRACK CONSIGNMENT REPORT AS TO DELIVERY OF EXHIBIT P5 SENT TO 1ST RESPONDENT Exhibit P7 TRUE COPY OF TRACK CONSIGNMENT REPORT AS TO DELIVERY OF EXHIBIT P5 SENT TO 2ND RESPONDENT Exhibit P8 TRUE COPY OF TRACK CONSIGNMENT REPORT AS TO DELIVERY OF EXHIBIT P5 SENT TO 3RD RESPONDENT Exhibit P9 TRUE COPY OF THE ARTICLES OF ASSOCIATION OF THE 4TH RESPONDENT COMPANY RESPONDENT EXHIBITS EXHIBIT R3(B) TRUE COPY OF THE ORDER DATED 29.11.2021 IN T.C.P NO. 21/KOB/2019 WP(C) No.23785 of 2025 7 2025:KER:95256 EXHIBIT R3(C) TRUE COPY OF THE ORDER DATED 20.10.2023 IN IA/CA/CT/105/KOB/2023 EXHIBIT R3(D) TRUE COPY OF THE ORDER DATED 28.05.2024 IN IA/CA/CT/75/KOB/2024 EXHIBIT R3(E) TRUE COPY OF THE ORDER DATED 03.12.2024 EXHIBIT R3(F) TRUE COPY OF THE ORDER DATED 02.09.2025 EXHIBIT R3(A) TRUE COPY OF THE ORDER DATED 31.10.2018