IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 OP.No. 11521 of 2002(V) ----------------------- PETITIONER(S): --------------- BST LIMITED,AUDIO HOUSE,7/711., N.H.BYEPASS ROAD,PALAKKAD-678 007,REPRESENTED BY ITS COMPANY SECRETARY MR.SRINATH MANIYAL.M. BY ADV. . SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SMT.PRIYA MAHESH SMT.PRIYA MANJOORAN RESPONDENT(S): --------------- 1. REGISTRAR OF COMPANIES,OFFICE OF THE REGISTRAR OF COMPANIES,M.G.ROAD,ERNAKULAM, COCHIN 682 011 ADDITIONAL RESPONDENT: 2. OFFICIAL LIQUIDATOR, O/O. THE OFFICIAL LIQUIDATOR, 3RD FLOOR, OPPOSITE NOPL, COMPANY LAW BHAVAN, THRIKKAKAKARA, KAKKANAD. (IS IMPLEADED AS ADDL.R2 AS PER ORDER DTD.8.6.2009) ADV. SRI.LALJI P.THOMAS,ADDL.CGSC SRI.S.R.AJITH, ADDL.CGSC FOR R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== O.P.No. 11521 of 2002 ================== Dated this the 8th day of June, 2009 J U D G M E N T The petitioner is a company. They filed this original petition at a time when show cause notices were issued to the company by the Registrar of Companies directing the petitioner to show cause why prosecution proceedings should not be taken against the company and its directors, for contravention of the provisions of the Companies Act. After considering the objections of the petitioner, the Registrar of Companies passed Exts.P9 to P11 orders initiating proceedings before the criminal court. That being so, the petitioner's remedy lies in defending that criminal complaint before the criminal court. Without prejudice to that right, this writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 11521 of 2002 ================== J U D G M E N T 8th June, 2009 3 S.SIRI JAGAN, J. ================== O.P.No. 11521 of 2002 ================== Dated this the 8th day of June, 2009 O R D E R By mistake I directed that the official liquidator be impleaded as additional petitioner in the writ petition. In view of the facts of this case, the official liquidator can at best only be impleaded as additional respondent. Ordered accordingly. sdk+ S.SIRI JAGAN, JUDGE 4 S.SIRI JAGAN, J. ================== O.P.No. 11521 of 2002 ================== O R D E R 8th June, 2009