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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
KGA HOTELS AND RESORTS PVT LTD. – Appellant
Versus
THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM – Respondent
| Table of Content |
|---|
| 1. petitioner is a private limited company operating under the companies act. (Para 1 , 2) |
| 2. arguments regarding the implications of redesignating a company director. (Para 3 , 4) |
| 3. court directs timely review of petitioner's application for redesignation. (Para 5 , 6) |
JUDGMENT
The petitioner is a private limited company incorporated under the Companies Act, 1956. The petitioner carries on business as a Five Star Deluxe Hotel. The hotel has been issued with Ext.P1 License Renewal Certificate, which is valid upto 31.03.2026. Sri.K.C.Eapen was appointed as an ‘Additional Director’ of the company with effect from 08.05.2022 as per Ext.P2 proceedings of the 2nd respondent by realizing Rs.1 lakh as fees under Rule 19(iii) of the Foreign Liquor Rules. The petitioner states that in order to ensure uninterrupted management continuity and to comply with the provisions of the Companies Act, the shareholders of the petitioner- company passed a resolution regularizing the appointment of Sri.K.C.Eapen as ‘Whole Time Director’ of the company with effect from 30.09.2023. The petitioner also states that such re-designation will not amount to reconstitution of the Board of Directors
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