IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.CHITAMBARESH THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 10562 of 2009(O) -------------------------- OS.440/1998 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER(S): --------------- N.G.GEORGE, OLD NO. 4, NEW NO.7 KHADAR NAWAZ KHAN ROAD CHENNAI 600 006. BY ADV. SRI.BECHU KURIAN THOMAS SMT.INDU SUSAN JACOB SMT.NISHA JOHN RESPONDENT(S): --------------- 1. NEXUS INVESTMENT PROPERTIES PVT.LTD 5/6 KILPAUK GARDEN STREET, CHENNAI 2. DR.K.K.RAMALINGAM 827, POONAMMALLEE HIGH ROAD, CHENNAI 3. DR.RAVI RAMALINGAM 827, POONAMMALLEE HIGH ROAD, CHENNAI 4. MR. RAMKUMAR CHANDRASEKAR 5/6 KILAPUK GARDEN STREET, CHENNAI. 5. MRS. SAVITHRI CHANDRASEKAR 5/6 KILAPUK GARDEN STREET, CHENNAI. 6. M/.S. UCO BANK, M.G.ROAD, BRANCH ERNAKULAM REPRESENTED BY ITS MANAGER. 7. M/S. FEDERAL BANK LTD PALARIVATTOM BRANCH,ERNAKULAM, REPRESENTED BY ITS MANAGER. ADDL.8. MOHAMMED JAVEED GHATALA, S/O. LATE M.A. GHATALA AGED 58 YEARS, NO. 19, AVENUE ROAD, NUGAMBAKKAM, MADRAS - 600 034. ADDITIONAL R8 IS IMPLEADED AS PER ORDER DATED 25.06.2010 IN I.A. 7258/10 IN WP(C) 10562/2009. ADDL.9. ABDULLA IBRAHIM, S/O. P.A. IBRAHIM, AGED 22YEARS, INDUS AVENUE, KALLAI ROAD, KOZHIKODE - 2. ADDITIONAL R9 IS IMPLEADED AS PER ORDER DATED 25.06.2010 IN I.A. 7259/2010 IN WP (C) NO. 10562/2009. -2- ADDL.10. PET PROPERTIES AND CONSTRUCTIONS PVT. LTD, 150, INFANTRY ROAD, FIRST FLOOR, EMBASSY POINT, BANGALORE 560001, REPRESENTED BY ITS DIRECTORS MR. RAJESH R. BAJAJ ADDITIONAL R10 IS IMPLEADED AS PER ORDER DATED 25.06.2010 IN I.A. NO. 7260/2010 IN WP(C) 10562/2009. ADDL. 11. JGM INVESTMENTS AND PROPERTIS PVT. LTD., REGISTERED OFFICE AT 13-C, SHRUNGAR SHOPPING CENTRE, 80, M.G. ROAD, BANGALORE - 560 001. REPRESENTED BY ITS MANAGING DIRECTOR MR. S. SRIDHARAN. ADDITIONAL R11 IS IMPLEADED AS PER ORDER DATED 25.06.2010 IN I.A. NO. 7261/2010 IN WP(C) NO. 10562/2009. ADDL. 12. BIRDY FASHIONS PVT. LTD., BHARAT INDUSTRIAL ESTATE, TOKERSEY JIVRAJ ROAD, SEWREE, MUMBAI - 400 015. REPRESENTED BY ITS MANAGING DIRECTOR SURENDRA S SHAH. ADDITIONAL R12 IS IMPLEADED AS PER ORDER DATED 16.08.2010 IN I.A. NO. 9533/2010 IN WP(C) NO. 10562/2009. ADV. SRI.N.P.SAMUEL FOR R7 SRI.B.K.GOPALAKRISHNAN FOR R7 SRI.ANIL KUMAR SREEDHARAN FOR R6 SRI.BABU KARUKAPADATH FOR R2 & R3 SMT.M.A.VAHEEDA BABU FOR R2 & R3 SRI.JAGAN GEORGE FOR R2 & R3 SRI.K.A.NOUSHAD FOR R2 & R3 SRI.P.G.PRAMOD FOR R2 & R3 SRI.A.KUMAR FOR R1 SRI.TPM.IBRAHIM KHAN FOR ADDL.R8 TO 12 SRI.JOHN NUMPELI (JUNIOR) FOR ADDL.R8 TO 11 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10562 OF 2009 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 : TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 11.03.2005. EXHIBIT P2 : TRUE COPY OF THE PARTICULARS OF APPOINTMENT OF DIRECTORS SUBMITTED BY THE COMPANY TO THE REGISTRAR OF COMPANIES, TAMIL NADU. EXHIBIT P3 : TRUE COPY OF THE FORM NO. 23 RELATING TO REGISTRATION OF RESOLUTION ALONG WITH THE EXTRACTS OF THE SPECIAL RESOLUTION DATED 21.09.1994 AS FILED BEFORE THE REGISTRAR OF COMPANIES. EXHIBIT P3(a) : TRUE COPY OF THE FORM NO. 2 RELATING TO RETURN OF ALLOTMENTS AS SUBMITTED BEFORE THE REGISTRAR OF COMPANIES, TAMIL NADU RELATING TO THE 1ST RESPONDENT. EXHIBIT P4 : TRUE COPY OF THE MEMORANDUM OF PETITION FILED AS C.P. NO. 48/05 BEFORE THE COMPANY LAW BOARD, CHENNAI DATED 18.08.2005. EXHIBIT P5 : TRUE COPY OF THE ORDER DATED 12.09.2005 BY THE COMPANY LAW BOARD, CHENNAI IN C.P. 48/05. EXHIBIT P6 : TRUE COPY OF THE AFFIDAVIT AND PETITION FILED BY THE 2ND RESPONDENT IN E.A. 1049/08 IN E.P. 341/06 IN O.S. 678/04. EXHIBIT P6(a) : TRUE COPY OF THE APPLICATION FILED BY THE 3RD RESPONDENT IN E.P. 340/06 IN O.S. 677/04. RESPONDENT'S EXHIBITS EXHIBIT R6(a) : TRUE COPY OF THE ORDER OF THE HONOURABLE SUB COURT D.NO. 749/09 DATED 18.03.2009. EXHIBIT R1(a) : TRUE COPY OF THE RESOLUTION PASSED ON 05.05.2010 BY THE BOARD OF DIRECTORS AT THE MEETING HELD BY THE COMPANY AT THE REGD. OFFICE. EXHIBIT R8(a) : THE TRUE COPY OF THE AWARD DATED 20.03.2009 IN O.S. 137 OF 2006 OF THE LOK ADALAT, ERNAKULAM. EXHIBIT R8(b) : THE TRUE COPY OF THE PETITION FOR RECORDING THE CHARGE WHICH IS FILED AS EA NO. 385 OF 2009 IN E.P. NO. 615 OF 2010 IN O.S. 440 OF 1998. EXHIBIT R8(c) : THE TRUE COPY OF THE EXECUTION PETITION FILED BY THE PETITIONER BEFORE THE COURT BELOW WHICH IS NUMBERED AS EP NO. 181 OF 2009 IN O.S. 137 OF 2006. EXHIBIT R8(d) : THE TRUE COPY OF THE PETITION FILED FOR ISSUANCE OF THE PAY ORDER WHICH IS FILED AS E.A. NO. 389 OF 2006 IN E.P. NO. 181 OF 2009 IN O.S. 137 OF 2006. EXHIBIT R11(a) : THE TRUE COPY OF THE AWARD DATED 09.04.2010 IN PLP 4556 OF 2009 OF THE LOK ADALAT, ERNAKULAM. EXHIBIT R12 (a) : A PHOTOSTAT COPY OF THE JUDGMENT DATED 26.04.2010 OF THIS HONOURABLE COURT IN SUMMARY SUIT NO. 6824 OF 1999 WITH NOTICE OF MOTION NO. 2737 OF 2009. V. CHITAMBARESH, J -------------------------------- WP(C) NO. 10562 OF 2009 ------------------------------------ Dated this the 24th day of November, 2011. JUDGMENT The writ petition is for a direction restraining respondents 6 and 7 from releasing/disbursing any amount kept in deposit in E.P. No. 615 of 2000 in O.S. No. 440 of 1998 on the file of the Sub Court, Ernakulam till final orders are passed in C.P. No. 48 of 2005 on the file of the Company Law Board, Chennai. It appears that the petitioner is one of the directors of the first respondent company and that proceedings are pending before the Company Law Board under the provisions of the Companies Act. It is for the petitioner to move either the company Law Board or the Civil Court, for appropriate prohibitory orders and the present writ petition filed under Article 227 seeking direction from this Court is totally misconceived. All the persons to whom large amounts are due by the first respondent company and who have been obtained decrees in their favour are not seen impleaded. Several interim orders had also been passed in 2 WP(C) No. 10562/2009 this writ petition permitting release of the amount in deposit to discharge the tax liability and other decree debts. The writ petition is hence dismissed without prejudice to the contention of the petitioner to be urged before other Forums. V. CHITAMBARESH JUDGE dnc