Authority: National Company Law Tribunal Kochi Bench
Order Date: 18 June 2026
Case Overview
The National Company Law Tribunal (NCLT) Kochi Bench, comprising Shri Vinay Goel (Member Judicial) and Shri Ravichandran Ramasamy (Member Technical), heard Company Appeal/4/KOB/2026 filed under Section 58(3) of the Companies Act read with Rule 70 of NCLT Rules. The appeal was filed by Shila John against Wayanad Lagoons Aquatic Resort and Tourism Pvt Ltd and five other respondents.
Counsel Mr. A C Venugopal appeared virtually for the appellant, while a representative of the Registrar of Companies (RoC) appeared virtually before the Tribunal. The appellant filed a service affidavit along with postal tracking reports and acknowledgments, demonstrating that notice had been duly served on Respondents 1, 2, 3, and 5. For Respondents 4 and 6, the postal records indicated they refused to accept delivery of the registered post. The Tribunal invoked Section 27 of the General Clauses Act, treating refusal to accept notice as deemed service, and accordingly deemed service sufficient on all respondents.
Despite proper service, none of the respondents (R1 to R6) appeared before the Tribunal.
Final Outcome
The Tribunal directed the appellant's counsel to serve a physical copy of the application to the RoC office within 24 hours. The RoC was given 7 days to file its response. In the interest of justice, the case was adjourned to 29 June 2026 to await the presence of respondents R1 to R6 and the report from the RoC.
Topics: NCLT Proceeding, Corporate Appeal, Service of Notice