IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 WP(C).No. 7449 of 2011(E) ------------------------- PETITIONER(S): --------------- JOHNY KURUVILA, AGED 58 YEARS, S/O. POTHEN KURUVILA, PADICKAMYAKLIL HOUSE, MARIDOM KARA, KIDANGOOR VILLAGE, KADAPLAMATTOM.P.O, KOTTAYAM DISTRICT, KERALA. BY ADV. SRI.KURIAN CHEMBOLA MATHAI SMT.AYSHA RAHMAN RESPONDENT(S): --------------- 1. M/S. RASTRA DEEPIKA LTD., DEEPIKA BUILDINGS, COLLEGE ROAD, KOTTAYAM - 686 001, KERALA, REPRESENTGED BY ITS PRESENT 2. CHAIRMAN, REV. DR. JAMES AERTHAYIL, DEEPIKA BUILDINGS, COLLEGE ROAD, KOTTAYAM - 686 001, KERALA. 3. AND BY PRESENT MANAGING DIRECTOR P.P. SUNNY, S/O. DEVASSYKUTTY PAULOSE, DEEPIKA BUILDINGS, COLLEGE ROAD, KOTTAYAM - 686 001, KERALA. 4. COMPANY LAW ROAD,CHENNAI CHENNAI BENCH, HADDOWS ROAD, CHENNAI - 600 006. 5. THE REGISTRR OF COMPANIES KOCHI, KERALA. ADV. SRI.M.G.KARTHIKEYAN FOR R1-R3 SRI.NIREESH MATHEW FOR R1-R3 SRI.T.P.M.IBRAHIM KHAN, ASG OF INDIA FOR R4,5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7449 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE MAIN OBJECTS FOR WHICH THE RESPONDENT COMPANY WAS FORMED HAVE BEEN SHOWNIN CLAUSE 111A OF THE MEMORANDUM OF ASSOCIATION EXT.P2- TRUE COPY OF THE FIR AND STATEMENT DATED 5.2.11 REGISTERED BY THE KOTTAYAM WEST POLICE STATION EXT.P3- TRUE COPY OF THE LETTER DATED 13.9.10 EXT.P4- TRUE COPY OF THE LETTER DATED 5.1.11 EXT.P5- TRUE COPY OF THE CAVEAT PETITION BEFORE OTHE SUB COURT, KOTTAYAM DATED 1.1.11 EXT.P6- TRUE COPY OF THE NOTICE ISSUED TO THE 2ND, 3RD RESPONDENT AND OTHERS DATED 15.1.11 EXT.P7- COPIES OF THE PLAINT IN THE SAID CIVIL SUIT, O.S.636 FILED BEFORE THE SUB COURT, KOTTAYAM EXT.P8- TRUE COPY OF THE COMPANY PETITION C.P.106/2010 FILED BEFORE THE COMPANY LAW BOARD, CHENNAI EXT.P9- TRUE COPY OF THE ANNUAL REPORT RELEASED FOR THE 21ST ANNUAL GENERAL BODY. EXT.P10- TRUE COPY OF THE LETTER DATED 29.9.2009 EXT.P11- TRUE COPY OF THE YAHOO E-MAIL DATED 29.10.2010, 8.24 PM (TRUE COPY) P.A TO JUDGE P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).7449/2011 .............................................. Dated this the 27th day of May, 2011 JUDGMENT Petitioner has approached this Court with the following prayer:- Issue a writ of mandamus or any other appropriate writ order or direction directing the 4th respondent Company Law Board wherein the Company Petitions No.69/2007, CP 214/2010and 106/2010 filed by the petitioner, another Director Prof.Thamby Karunan and another Shareholder M.K.Thomas jointly against allotment of shares, investigation against misappropriation and malpractices etc. pending to consider and pass appropriate orders in accordance with law in a time frame manner. 2. Pursuant to the notice ordered by this Court, the respondents have entered appearance. The learned counsel for respondents 1 and 3 sought for time to file counter affidavit so as to rebut the various allegations raised in the writ petition. The learned counsel for the petitioner submits that the petitioner would be satisfied if a direction is given to W.P.(C).7449/11 2 the Company Law Board to finalize Ext.P8 and pass final orders in accordance with law, within a reasonable time. 3. Heard the learned Assistant Solicitor General appearing on behalf of the respondents as well. 4. Considering the limited nature of the relief pressed before this Court, it is not necessary to go into the facts and figures with regard to the various reliefs sought for. The writ petition is disposed of directing the fourth respondent/Board to consider Ext.P8 and pass final orders in accordance with law, after hearing all the parties concerned as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with the copy of the writ petition before the fourth respondent for taking further steps. P.R.RAMACHANDRA MENON, Judge mrcs