Motomi Bharat Nidhi Limited vs Registrar Of Companies Kerala
2023 Latest Caselaw 6473 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                    WP(C) NO. 17976 OF 2022
PETITIONER/S:
          MOTOMI BHARAT NIDHI LIMITED
          1ST FLOOR, 16/926 F, EXPRESS BUILDING, KALLAI
          ROAD, KOZHIKODE . REPRESENTED BY THE MANAGING
          DIRECTOR, SREEJITH RADHAKRISHNAN, AGED 44 YEARS,
          S/O. RADHAKRISHNAN NAIR, PIN - 673001
          BY ADVS.
          R.SUDHISH
          K.RADHAKRISHNAN (K/1171/1995)
          M.MANJU
          MITHUN P.
          MERIN THOMAS
RESPONDENT/S:
    1     REGISTRAR OF COMPANIES KERALA
          COMPANY LAW BHAWAN, BMC ROAD, THRIKKAKARA P.O.,
          KAKKANAD, KOCHI, PIN - 682021
    2     ADDL.R2 UNION OF INDIA,
          REPRESENTED BY THE SECRETARY, MINISTRY OF
          CORPORATE AFFAIRS, 5TH FLOOR, A WING, SHASTRI
          BHAVAN, DR. R.P. ROAD, NEW DELHI 110001 [ADDL.R2
          IS IMPLEADED AS PER ORDER DATED 12.06.2023 IN
          I.A-1/2023 IN WP(C) 17976/2022]
          BY ADVS.
          P.R.AJITH KUMAR
          No Advocate
OTHER PRESENT:

            SRI.P.R.AJITH KUMAR, CGC
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   13.06.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 17976 of 2022



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 17976 of 2022
                         =============================================================

                       Dated this the 13th day of June, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

(i) To issue a Writ of Mandamus or other appropriate Writs or Orders commanding the respondent herein to permit the petitioner to file the required MCA forms as per Exhibit P2 without late fee and additional fee.

(ii) To direct the respondent to consider Ext P2 representation within a time frame fixed by this Hon'ble Court.

(iii) To issue such other writs, orders or directions as this Hon'ble Court may deem fit, proper and just in the circumstances of the case." (sic)

2. When this writ petition came up for consideration, the

counsel for the petitioner submitted that the petitioner will be

satisfied, if a direction is issued to the 2 nd respondent to consider

Ext.P3 within a time frame.

3. Heard the Central Government Counsel also.

W.P.(C). No. 17976 of 2022

4. After hearing both sides, I think this writ petition itself

can be disposed of directing the 2nd respondent to consider Ext.P3

within a time frame.

Therefore, this writ petition is disposed of in the following

manner:

1. The 2nd respondent is directed to consider and pass appropriate orders in Ext.P3, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.

2. Till then no coercive steps shall be taken against the petitioner.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 17976 of 2022

APPENDIX OF WP(C) 17976/2022

PETITIONER EXHIBITS Exhibit P1 COPY OF THE CERTIFICATE OF INCORPORATION OF THE PETITIONER COMPANY DATED 13.11.2020 Exhibit P2 COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER COMPANY BEFORE THE RESPONDENT DATED 19.04.2022 Exhibit P3 COPY OF THE REPRESENTATION SUBMITTED BY ME DATED 9.6.2022 BEFORE THE MINISTRY OF CORPORATE AFFAIRS OF UNION OF INDIA