IA (C/Act)/171/KOB/2023

IN

CP (C/Act)/07/KOB/2023

(Under Rules 11, 32 and 113 of the NCLT Rules 2016 read with Order I Rule 10(2) of the Civil

Procedure Code, 1908)

Memo of Parties

Mr Ajayan P.V

Puliyanthundathul House,

Vijayapuram Village, Parampuzha P.O,

Kottayam- 686004

…Applicant

Versus

1. M/s Mangalam Publications (India) Private

Limited,

Mangalam Complex, P.B.No.3,

S.H. Mount P.O, Kottayam- 686006

2. Mr. Sajan Varghese

Mangalapally House,

Vadavathoor P.O., Kalathipady

Kottayam- 686010

3. Mr. Sabu Varghese

Mangalapally House,

Ancheril, Gandhinagar P.0.

Kottayam- 686016

4. Dr. Saji Varghese Mangalapally house,

Kumaranalloor P.0., Kottayam-686016

5. Mr. Biju Varghese Mangalappally House, Devalokam P.O., Kottayam - 686004

6. Registrar of Companies, Kerala BMC Road, Thrikkakara P.0., Ernakulam- 682021, Kerala

7. Ms Toshima Biju Varghese Mangalappally House, Devalokam P.O., Kottayam -686004

8. Ms Ciya Varghese Mangalappally House, Devalokam P.O, Kottayam - 686004

9. Ms Cinara Varghese Mangalappally House, Devalokam P.O, Kottayam - 686004 …Respondent In the matter of :

Toshiba Biju Varghese & others : Applicants Versus Mangalam Publications (India) : Respondents Private Limited Order delivered on: 02.07.2024 Coram:

Hon’ble Member (Technical) Hon’ble Member (Judicial)

Shri. Shyam Babu Gautam TMT. (Retd.) Justice T Krishna Valli Appearances:

For the Applicant : Mr. Ameerul Millath, Advocate For the Respondents No 7 -9 : Mr. Saji Issac K J, Advocate For the Respondents No 1 -4 : Mr Ashok B Shenoy, Senior Advocate

O R D E R

Per: Coram

1. The present application is filed by the Applicant/ Respondent No 6 in the main Company Petition, Mr Ajayan P.V under Rules 11, 32 and 113 of the NCLT Rules, 2016 read with Order I Rule 10 (2) of the Civil Procedure Code, 1908 against the Respondents herein for the following reliefs;

a. To first hear and pass appropriate orders on this IA with respect to striking off the name of Applicant herein/Respondent No.6 in the Company Petition of CP (C/Act)/07/KOB/2023, as no sustainable relief has been sought against him, also considering the fact that the sale deed has already been registered as Document No. 877/1/2023 dated 5th April, 2023, and hence the relief sought to terminate Annexure A3 and A4 sale agreements referred to in the Main Petition has become infructuous.

b. To order that the said Company Petition No. CP (C/Act)/07/KOB/2023 filed by the close family members of Shri Biju Varghese (5th Respondent herein) to the extent of including the Applicant herein as Respondent No. 6 in the petition is an act of fraud by the Petitioners for reasons stated in the IA, as the said 5th Respondent was a signatory to the two sale agreements and his family members who are shareholders were aware of the acts of the said 5th Respondent.

c. To impose exemplary costs as provided under Rule 113 of the NCLT Rules, 2016, for unnecessarily including the Applicant herein as Respondent No. 6 in the CP (C/Act)/07/KOB/2023 filed by the family members of Shri Biju Varghese, Director of the company, as proxies when he was actually a signatory to the two sale agreements executed on 01.10.2022 and 05.01.2023, and as such, it is a clear case of fraudulent, frivolous, and vexatious proceedings against the Applicant.

d. To grant further time to the Respondents in CP (C/Act)/07/KOB/2023 to file their reply in case this Hon’ble Tribunal comes to a finding that the above Company Petition is maintainable against the Applicant herein/Respondent No.6 in its present form.

2. The Applicant herein is a purchaser of immovable property from the

1st Respondent company. The 2nd Respondent is the Managing Director of the 1st Respondent company. The 3rd, 4th, and 5th Respondents are also directors of the 1st Respondent company.

3. The 2nd, 3rd, 4th, and 5th Respondents are the sons of Late Shri M.C.

Varghese. The 7th Respondent is the legally wedded wife of the 5th Respondent and holds 0.33% shares in the 1st Respondent company. The 8th and 9th Respondents are the daughters of the 5th