Aswini Hospital Limited v. O.P. Achuthankutty

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 31ST DAY OF AUGUST 2015/9TH BHADRA, 1937 WP(C).No. 26110 of 2015 (K) ---------------------------- PETITIONER(S):

----------------- ASWINI HOSPITAL LIMITED, KARUNAKARAN NAMBIAR ROAD, THRISSUR, KERALA-680 001 REPRESENTED BY ITS MANAGING DIRECTOR DR.A.C.VELAYUDHAN, S/O. CHOYIKUTTY, AGED 61 YEARS BY ADVS.SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.S.NITHIN (ANCHAL) RESPONDENT(S):

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1. O.P. ACHUTHANKUTTY, S/O. GOVINDA MENON, AGED 62 YEARS, 'SANTHI', GURUVAYUR POST THRISSUR-680 103.

2. SUGADHAN K.K., S/O. KUMARAN, AGED 67 YEARS KOLLAPARAMBIL HOUSE, KUTTANELLOOR POST THRISSUR-680 672.

3. DHANALAXMI BANK LIMITED CHETTIYANGADI BRANCH, REPRESENTED BY ITS MANAGER HIGH ROAD, THRISSUR-680 001.

4. CANARA BANK NADATHARA BRANCH, REPRESENTED BY ITS MANAGER POOCHATTI, NADATHARA, THRISSUR-680 751.

R1 & 2 BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) R1-R2 BY ADV. SRI.M.R.RAJENDRAN NAIR (SR.) R3 BY ADV. SRI.VIVEK VARGHESE P.J., SC, DHANLAXMI BANK R BY SRI.V.B.HARI NARAYANAN R BY SRI.C.K.KARUNAKARAN,SC,DHANALAKSHMI BAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26110 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1 : COPY OF THE CERTIFICATE OF INCORPORATION DTD.2.1.2013. P2 : COPY OF THE FIR NO.1892/2015 OF THRISSUR EAST POLICE STATION DTD.29.7.2015.

P3 : COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, THRISSUR CITY EAST POLICE STATION, DTD.29.7.2015.

P4 : COPY OF THE ORDER PASSED BY THE ADM, THRISSUR, DTD.30.7.2015. P5 : COPY OF THE COMPLAINT DTD.29.7.2015, FILED BEFORE THE COMMISSIONER OF POLICE, THRISSUR.

P6 : COPY OF THE LETTER ISSUED BY THE CANARA BANK, DTD.6.8.2015. P7 : COPY OF THE PRINTOUT TAKEN FROM WEBSITE OF MINISTRY OF CORPORATE AFFAIRS, DATED NIL.

RESPONDENT(S)' EXHIBITS ------------------------------ EXT.R2(a) TRUE COPY OF THE STATEMENT OF ACCOUNT FOR THE PERIOD FROM 1.8.2012 TO 31.8.2012 ISSUED BY THE SOUTH INDIAN BANK LTD., THRISSUR IN RESPECT OF THE HOLDING COMPANY PUNARJANI SECURITIES LIMITED,TRICHUR.

EXT.R2(b) TRUE COPY OF THE REPORT WITHOUT ANNEXURES DATED 20.6.2015 OF THE INDEPENDENT CHAIRMAN SUBMITTED TO THE CLB. EXT.R2(c) TRUE COPY OF THE ORDER DATED 7.7.2015 OF THE CLB, CHENNAI IN C.P.NO.34/2015 EXT.R2(d) TRUE COPY OF THE FIR IN CRIME NO.1892/2015 OF TRICHUR EAST POLICE STATION AGAINST DR.A.C.VELAYUDHAN & OTHERS UNDER SECTION 323, 392, 506(II), 34, 452 & 427 OF IPC. EXT.R2(e) TRUE COPY OF THE FIR IN CRIME NO.1840/2015 OF TRICHUR EAST POLICE STATION REGISTERED ON 25/7/2015 AGAINST DR. A.C. VELAYUDHAN & OTHERS.

WP(C) No.26110/2015 : 2 :

EXT.R2(f) TRUE COPY OF THE FIR IN CRIME NO.1443/2015 OF KUNNAMKULAM POLICE STATION REGISTERED ON 1.8.2015 AGAINST DR.A.C. VELAYUDHAN & OTHERS.

EXT.R2(g) TRUE COPY OF THE ORDER DATED 30.7.2015 OF THE ADM IN CHARGE OF DISTRICT MAGISTRATE, TRICHUR.

EXT.R2(h) TRUE COPY OF THE LETTER DATED 12/8/2015 OF THE ROC ADDRESSED TO THE DISTRICT COLLECTOR.

EXT.R2(i) TRUE COPY OF THE LETTER DATED 20.8.2015 ISSUED BY THE ASSISTANT MANAGER AND THE NURSING SUPERINTENDENT TOGETHER TO THE FIRST RESPONDENT, CHAIRMAN.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.26110 of 2015 --------------------- Dated this the 31st day of August, 2015

J U D G M E N T

The directions in the interim order dated 25.8.2015 are complied with. No further directions are therefore warranted in this writ petition. The petitioner is free to challenge the order now passed by the Company Law Board appropriately.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.