Kerala High Court
Astoria Nidhi Ltd vs Union Of India on 7 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943
WP(C).No.7501 OF 2021(K)
PETITIONERS:
1 ASTORIA NIDHI LTD.,
KLM TOWER, MUVATTUPUZHA ROAD, KOTHAMANGALAM,
ERNAKULAM-686 691,
REPRESENTED BY MANAGING DIRECTOR, JOSEKUTTY XAVIER.
2 THAZHAYIL NIDHI LTD.,
THAZHAYIL BUILDINGS,
ELANTHOOR BUILDING NO.6/4, PATHANAMTHITTA-689 643.
REPRESENTED BY MANAGING DIRECTOR, GENOY JOHN.
3 MANDHIRVIKAS NIDHI LTD,
XIII/1527, ANJALY COMPLEX,
NEAR AYYAPPANKAVU,
CHERPULASSERY, PALAKKAD-679 503.
REPRESENTED BY MANAGING DIRECTOR, PRADEEP MENON.
4 LIECT NIDHI LTD,
BUILDING NO.XVIII/III-N. KABANI ARCADE,
NEAR PRIVATE BUS STAND, MUVATTUPUZHA,
ERNAKULAM-686 661.
REPRESENTED BY CHAIRMAN, ROY.K.VARGHESE.
5 MSEYR NIDHI LTD,
XIV/488/25, 2ND FLOOR,
SUNCITY COMPLEX,
P.O. KOORKENCHERY,
OPP. AXIS BANK.
KOORKKENCHERY, THRISSUR-680 007.
REPRESENTED BY MANAGING DIRECTOR, ELBY THOMSON.
6 KOTHAMANGALAM NIDHI LTD,
DOOR NO.KMC XVII/3021/302E, NAVARATHNA BUILDINGS,
PALLITHAZHAM, KOTHAMANGALAM, ERNAKULAM-686 691.
REPRESENTED BY MANAGING DIRECTOR, JAMES JOSEPH.
7 THRIPUNITHURA AGRO NIDHI LTD,
XVII/186D, RAMBAL YUTEEKA BUILDING, NORTH FORT,
THRIPUNITHURA, ERNAKULAM-682 301.
REPRESENTED BY MANAGING DIRECTOR, SIJO PETER.
WP(C).No.7501 OF 2021(K)
2
8 NTC NIDHI LTD,
NEW TRICHUR BHAVAN, P.O. KANDASSANKADAVU,
VILAKKUMKAL, THRISSUR-680 613.
REPRESENTED BY MANAGING DIRECTOR, VARGHESE JOSE.T.
BY ADVS.
SRI.K.SANDESH RAJA
SHRI.SHANKAR V.
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY MINISTRY OF CORPORATE AFFAIRS,
NEW DELHI-110 001.
2 THE REGIONAL DIRECTOR,
MINISTRY OF CORPORATE AFFAIRS, SOUTHERN REGION,
5TH FLOOR, SHASTRI BHAWAN, 26 HADDOWS ROAD,
CHENNAI-600 006.
3 THE REGISTRAR OF COMPANIES,
COMPANY LAW BHAWAN,
BMC ROAD, THRIKKAKARA,
KOCHI-682 021.
BY ADVS. P.R.AJITH KUMAR, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7501 OF 2021(K)
3
JUDGMENT
The complaint of the petitioners is
that they are unable to upload the SH-7 form
as well as PAS-3 on the ground that NDH-4
applications have not been considered.
2. According to them, NDH-4 applications
have been submitted about 6 months back and
they have not received any orders either
rejecting or accepting the same.
Therefore there shall be a direction
to the competent authority under the 1st
respondent to pass orders on the NDH-4
applications submitted by the petitioners,
within a period of one month in accordance
with law. The proceedings in the meanwhile,
would be subject to the orders to be passed.
Accordingly, the writ petition is
disposed of. Sd/-
P.V.ASHA
JUDGE
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WP(C).No.7501 OF 2021(K)
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NIDHI RULES 2014 DATED
31/03/2014.
EXHIBIT P2 TRUE COPY OF THE NIDHI(AMENDMENT) RULES 2019
DATED 01.07.2019.
EXHIBIT P3 TRUE COPY OF THE FORM NDH4 FILED BY THE 1ST
PETITIONER ON 17/4/2020.
EXHIBIT P4 TRUE COPY OF THE NDH-4 APPLICATION FILED BY
THE 2ND PETITIONER ON 04.02.2020.
EXHIBIT P5 TRUE COPY OF THE NDH-4 APPLICATION FILED BY
THE 3RD PETITIONER ON 04.02.2020.
EXHIBIT P6 TRUE COPY OF THE NDH-4 APPLICATION FILED BY
THE 4TH PETITIONER ON 21.01.2021.
EXHIBIT P7 TRUE COPY OF THE NDH-4 APPLICATION FILED BY
THE 5TH PETITIONER ON 05.05.2020.
EXHIBIT P8 TRUE COPY OF THE NDH-4 APPLICATION FILED BY
THE 6TH PETITIONER ON 14.05.2020
EXHIBIT P9 TRUE COPY OF THE NDH-4 APPLICATION FILED BY
THE 7TH PETITIONER ON 11.12.2020.
EXHIBIT P10 TRUE COPY OF THE NDH-4 APPLICATION FILED BY
THE 8TH PETITIONER ON 24.06.2020
EXHIBIT P11 TRUE COPY OF THE SCREENSHOT DATED 16.12.2020
TAKEN FROM THE WEB PORTAL OF MINISTRY OF
CORPORATE AFFAIRS SHOWING THE REJECTION OF
THE FILING OF PAS3 OF THE 1ST PETITIONER.
EXHIBIT P12 TRUE COPY OF THE SCREENSHOT DATED 29.01.2021
TAKEN FROM THE WEB PORTAL OF MINISTRY OF
CORPORATE AFFAIRS SHOWING THE REJECTION OF
THE FILING OF PAS3 AND SH-7 OF THE 2ND
PETITIONER.
EXHIBIT P13 TRUE COPY OF THE SCREENSHOT DATED NIL TAKEN
FROM THE WEB PORTAL OF MINISTRY OF CORPORATE
AFFAIRS SHOWING THE REJECTION OF THE FILING
OF PAS3 OF THE 3RD PETITIONER.
WP(C).No.7501 OF 2021(K)
EXHIBIT P14 TRUE COPY OF THE SCREENSHOT DATED NIL TAKEN
FROM THE WEB PORTAL OF MINISTRY OF CORPORATE
AFFAIRS SHOWING THE REJECTION OF THE FILING
OF PAS3 OF THE 4TH PETITIONER.
EXHIBIT P15 TRUE COPY OF THE SCREENSHOT DATED 15.02.2021
TAKEN FROM THE WEB PORTAL OF MINISTRY OF
CORPORATE AFFAIRS SHOWING THE REJECTION OF
THE FILING OF SH-7 OF THE 5TH PETITIONER.
EXHIBIT P16 TRUE COPY OF THE SCREENSHOT DATED 16.02.2021
TAKEN FROM THE WEB PORTAL OF MINISTRY OF
CORPORATE AFFAIRS SHOWING THE REJECTION OF
THE FILING OF SH-7 AND PAS-3 OF THE 6TH
PETITIONER.
EXHIBIT P17 TRUE COPY OF THE SCREENSHOT DATED NIL TAKEN
FROM THE WEB PORTAL OF MINISTRY OF CORPORATE
AFFAIRS OF THE 7TH PETITIONER SHOWING THE
REJECTION OF THE FILING OF PAS-3.
