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High CourtsSingle Bench(2023) 08 KL CK 0194

Ayoob vs Union Of India

High Court Of Kerala · Decided on 21 August 2023

HON’BLE JUDGES
P.V.Kunhikrishnan, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 22354 Of 2023

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Judgment

11 paragraphs · 369 words

P.V.Kunhikrishnan, J

1.

This writ petition is filed with following prayers:

i) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents to remove the “Strike Off” status for e-filing of M/s.AYB Bio Private Limited and permit the petitioners to file necessary documents for running the company.

ii) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to issue notice to the petitioners and comply with the procedures as per Section.248 of Companies Act read with Rule.3 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 with respect to M/s.AYB Bio Private Limited and to remove “strike off” status of the company for enabling the e-filing till an order is passed by 2nd respondent.

iii) to grant such other and further reliefs as this Honorable Court may consider just and proper in the facts and circumstances of the case.

iv) The petitioner also prays that this Hon’ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language.

(SIC)

2.

Petitioners are the Directors of AYB Bio Private Limited. The above said Company was registered as incorporated on 10.12.2020. But the company has not functioned as the COVID 19 Pandemic was at its peak at that time is the submission. When the petitioners have verified with the portal of the corporate affairs, the status of the company is shown as “Strike Off”. Hence this writ petition.

3.

Today, when this writ petition came up for consideration, the DSGI submitted that the status of the Company is “strike off” and a notice was issued to the petitioner before striking off.

4.

If that be the case, this writ petition need not be retained. The petitioner has to challenge the proceedings before the appellate authority (NCLT). The respondents will serve a copy of the proceedings striking off the status of the Company, to the petitioners, within two weeks from the date of receipt of a stamped certified copy of this judgment. The petitioners are free to challenge the same in accordance with law.

With the above observation, this writ petition is disposed of.