2021 (11) TMI 870

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....r in Company Petition (TCP No. 13/KOB/2019), which was originally filed as CP/43/2003 before the Hon'ble High Court of Kerala and transferred to the NCLT, Chennai Bench and on constitution of the Kochi Bench the matter was transferred to this Bench and re-numbered as TCP/13/KOB/2019. 2. When the matter was initially posted before this Bench, the learned counsel for the petitioner appeared on various occasions. Subsequent to this it was observed by this Tribunal that there was no appearance for the petitioner, nor he made any arrangements for appearance during several occasions since then. Hence, this Tribunal issued notice to the petitioner for appearance, but the said notice was returned with the postal remarks "no Such office at Mini T....

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....ed 75 years and suffering from various geriatric ailments. The travel of persons aged above 70 years were not allowed as per the guidelines issued by Government agencies and the applicant was curtailed from moving out of his house. Hence the applicant was constrained to lead a home rest in native place at Kollam from March 2020 but yet the petitioner used to contact his lawyer to get updates on the progress of case during the pandemic period as well. The applicant honestly believed that matter would be taken up for hearing in the immediate future. Only on 15.03.2021 the petitioner came to know about the real fate of the case as being dismissed for non-prosecution. Soon, the petitioner consulted a lawyer, Mr. Raj Carolin. V, practicing in Hi....

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....ned with Rs. 1,00,000 (Rupees One Lakh Only) each as per Section 447 of the Companies Act, 2013. The said respondents shall pay the amount of fine from their own resources in favour of Pay & Accounts officer, Ministry of Corporate Affairs, Southern Region, Chennai within 30 days from the date of this Order. The Respondents shall produce proof of payment of fine before the next date fixed. c. Respondents 1 and 2 are restrained from entering into the premises of the company as well as using the letter head of the Company, with what-so-ever designation, until the disposal of this company petition. d. Respondents No. 1 & 2 are barred from representing the Company forthwith until the disposal of this Company Petition No. TCP/13....

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....shall stand suspended for a period of two weeks. " 6. As stated above, vide order dated 30.12.2019 in TIA/09/KOB/2019 the applicant herein Mr. D Asokan, Chairman and Director of M/s. S.T. Reddiar and Sons (Quilon) (P) Ltd was barred from representing the Company forthwith until the disposal of the Company Petition No. TCP/13/KOB/2019. Since, the Hon'ble High Court has only granted interim stay with regard to remittance of fine as ordered in TIA/09/KOB/2019 and given 30 days' time to file an appeal under Section 421 of the Companies Act 2013, before the Hon'ble Appellate Authority, without obeying that order of the Hon'ble High Court, the petitioner filed a Restoration Petition before this Tribunal to restore TCP/13/KOB/2019, that too by ....