Tribunal Grants Cause Title Rectification, Upholds Appointments, and Directs Cooperation

The Tribunal allowed the rectification of the cause title but rejected other prayers for lack of merit. The appointment of Justice K. Narayana Kurup as Chairman and Mr. A.J. Rajan as Secretary was upheld, directing all parties to cooperate for the smooth conduct of the AGMs. IA No. 99/KOB/2020 was partly allowed.

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Issues Involved:
1. Rectification of errors in the cause title and paragraphs of the impugned order.
2. Recall of the appointment of Justice K. Narayana Kurup as Chairman for the AGM.
3. Appointment and role of Mr. A.J. Rajan as Secretary.
4. Conducting AGM as per the High Court of Kerala's order.
5. General reliefs in the interest of justice, equity, and good conscience.

Detailed Analysis:

Issue 1: Rectification of Errors in Cause Title and Paragraphs of the Impugned Order

The first respondent sought to rectify typographical errors in the cause title and Paragraph 2 of the order dated 29th November 2019. The Tribunal acknowledged the typographical error in the cause title and allowed the correction to reflect Mr. Shibu Prabhakaran as the applicant instead of M/s Tap World. However, the Tribunal found no error in Paragraph 2, stating that the words "in place of IA/6/KOB/2019" were correctly used based on the records.

Issue 2: Recall of the Appointment of Justice K. Narayana Kurup as Chairman for the AGM

The applicant raised objections to Justice K. Narayana Kurup's appointment due to a potential conflict of interest, as his son-in-law was a member of the Chamber. The Tribunal noted that the son-in-law had resigned in 2011 and found no reason to believe that his membership would affect Justice Kurup’s impartiality. The Tribunal also considered the non-cooperation with the previously appointed Chairman, Shri P.S. Antony, and found no merit in recalling Justice Kurup's appointment.

Issue 3: Appointment and Role of Mr. A.J. Rajan as Secretary

The applicant contested Mr. A.J. Rajan's appointment, arguing it was not in accordance with the Articles of Association. The Tribunal referred to the minutes of the Board meeting held on 20.9.2018, which confirmed Mr. Rajan's re-appointment as Secretary. The Tribunal found no error in the impugned order and upheld Mr. Rajan's role to assist the Chairman in conducting the AGMs.

Issue 4: Conducting AGM as per the High Court of Kerala's Order

The applicant sought permission to hold the AGM following the High Court of Kerala's order. The Tribunal emphasized that Justice K. Narayana Kurup had already taken charge as the Chairman, and there was no need to permit the applicant Chamber to hold the AGM independently. The Tribunal directed all parties to cooperate with the Chairman to conduct the AGMs.

Issue 5: General Reliefs in the Interest of Justice, Equity, and Good Conscience

The Tribunal reviewed the applicant's general reliefs and found no merit in them, except for the correction of the typographical error in the cause title. The Tribunal reiterated that no error apparent on the face of the record existed in the other prayers.

Conclusion:

The Tribunal allowed the rectification of the cause title but rejected the other prayers for lack of merit. The appointment of Justice K. Narayana Kurup as Chairman and Mr. A.J. Rajan as Secretary were upheld, and the Tribunal directed all parties to cooperate for the smooth conduct of the AGMs. The IA No. 99/KOB/2020 was partly allowed.

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