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Company Application/13/KOB/2022
Page 1 of 27
IN THE NATIONAL COMPANY LAW TRIBUNAL
KOCHI BENCH, KERALA
Company Application/13/KOB/2022
IN
TCP/7/KOB/2019
(Under Rules 82 of NCLT Rules, 2016)
Order delivered on:05.04.2022
Coram:
Hon’ble Mr.Ashok Kumar Borah, Member (Judicial)
Hon’ble Mr. Anil Kumar. B,Member (Technical)
Haris P.M,
S/o P.K Muhammed,
B-2, Flemingo Green Acres,
Tatapuram, Ernakulam – 682018.
Presently residing at House No. 34/248 C,
Vivekanand Nagar, Padam Road,
Elamakkara, Ernakulam – 682 036.
…Applicant/Petitioner
Versus
1. Mark Orion Ventures (P) Ltd
Regd. Office: 50/1107, 5th Floor,
J.B Manjoram Estate, Old Railway Station Road
Byepass Jn., Edapally, Kerala-682024.
Rep by its Managing Director, K. Mohamed Rias.
2. Mr. Mohamad Rias K,
S/o P. Moosa,
Door No. 63/2356, M.M Cottage,
SRM Road, Cochin- 682018.
3. Shamsudheen Kunjumarakkar Valiyaveetiparambil,
S/o Kunjumarakkar Valiyaveetiparambil,
Valiyaveeti Parambil House,
Puthenchira, Trissur – 680682.
4. Abdul Jabbar,
S/o. Beeravunni,
Puthiyaveettil House, Chamakkala,
Trichur, Kerala – 680 687.
5. Registrar of Companies, Kerala
1st Floor, Company Law Bhavan,
Company Application/13/KOB/2022
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B.M.C Road, Trikkakara P.O,
Kakkanad, Kochin – 682021.
…Respondents
Parties/Counsel Present (through video conference)
For Applicant/Petitioner…Shri. C.K.Karunakaran, Ms. Lekshmi P Nair,
Shri. Arjun SathishKumar – (Advocates)
For Respondents… S/Sh.Madhu N Namboothiripad, Rafeek V K
-Advocates (R1, R2),
Ms. Rema Smrithi (R3) (not present)
Shri. T.H. Abdul Azeez & Associates(R4), ROC (R5)
ORDER(ORAL)
Per: Ashok Kumar Borah, Member (J)
This Company Application/13 (KOB)/2022 has been filed under Rule 82 of the NCLT
Rules, 2016 by the Petitioner in TCP/7/KOB/2019, seeking the following reliefs:
i. To record the Annexure A-1 settlement arrived at between the Applicant and
Respondents 1 to 4., and
ii. To permit the applicant to withdraw the Company Petition TCP/7/KOB/2019 and
all the interlocutory applications as a part of the terms of Annexure A-1
Agreement, and order the closing of the Company Petition TCP/7/KOB/2019
and all pending interlocutory application filed in the above company Petition,
and
2
TCP/7/KOB/2019 has been filed under Sections 213, 241, 242 of the Companies
Act, 2013 seeking protection of the interest of the Petitioner against the alleged continued
and oppressive activities of Respondents 1 to 4.
3.
On the intervention of Mediators as well as well-wishers of the Applicant
(Petitioner) and respondents 1 to 4 the parties have settled the issues in dispute and
settlement agreement has been entered on 19/02/2022 as under:
Company Application/13/KOB/2022
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SETTLEMENT AGREEMENT
This Settlement Agreement (hereinafter referred to as "Agreement") is made at
Ernakulam on this, 19th day of February, 2022 (hereinafter referred to as Effective
Date"):
BY AND BETWEEN:
HARIS P M, aged about 51 years, son of P.K. Muhammad, resident of House No.
34/248 C, Vivekananda Nagar, Padam Road, Elamakkara, Ernakulam, Kerala
682018, India bearing PAN AAGPH7746C and Aadhar Card No. 551065034735
(hereinafter referred to as "Haris" which expression shall, unless contrary or
repugnant to the context or meaning thereof, be deemed to mean and include his
legal heirs. nominee(s). authorised representative(s), successor(s) in business.
successor(s) in interest, permitted assign(s), administrator(S) and executor(S)) of the
FIRST PART:
AND
JANNATH, aged about 46 years, wife of Haris PM, resident of House No. 34/248 C.
Vivekananda Nagar, Padam Road, Elamakkara, Ernakulam, Kerala, India bearing
PAN AHJPJ9660R and Aadhar Card No. 563273736694 (hereinafter referred to as
“Jannath" which expression shall, unless contrary or rep
