All Kerala Nbfc Association, ... vs Union Of India
2023 Latest Caselaw 2801 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
    WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                        WP(C) NO. 4784 OF 2023
PETITIONER:

          ALL KERALA NBFC ASSOCIATION, (REG.NO.EKM/TC/646/2022),
          DOOR NO.42/3422 (33/1904), RELIANT CREDITS (INDIA)
          LTD., KALATHIL TOWER, CIVIL LANE ROAD, PADIVATTOM,
          EDAPPALLY.P.O, ERNAKULAM, KOCHI REPRESENTED BY ITS
          GENERAL SECRETARY, PIN - 682024
          BY ADVS.
          LINDONS C.DAVIS
          E.U.DHANYA
          RAJITH DAVIS
          SWATHY A.P.


RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY ITS SECRETARY, MINISTRY OF CORPORATE
          AFFAIRS, SASTHRI BHAVAN, RAJENDRA PRASAD ROAD, NEW
          DELHI, PIN - 110001
    2     REGISTRAR OF COMPANIES
          COMPANY LAW BHAVAN, THRIKKAKARA.P.O, KAKKANAD, KOCHI,
          PIN - 682021


          SRI.S.MANU,DEPUTY SOLICITOR GENERAL OF INDIA



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.4784 of 2023
                                       2


                             JUDGMENT

Dated this the 1st day of March, 2023

This writ petition is filed by the petitioner seeking the

following reliefs:

i. To issue a writ of mandamus or any other appropriate writ, order or direction to direct the respondents to provide necessary alternative system for submitting the e-Forms till the version.3 of MCA portal is completely functional and issue necessary directives in this regard;

ii. To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to not to take coercive steps against the NBFCs for not filling the e-Forms, till the Version.3 of MCA portal is completely functional; iii. To issue a writ of mandamus or any other appropriate writ, order or direction to direct the respondents to issue necessary directions by permitting the NBFCs in granting time for filing e-Forms through Version.3 of MCA portal, till the Version.3 of MCA portal is fully functional; iv. To issue a writ of mandamus or any other appropriate writ, order or direction to direct the 2 nd respondent to consider and pass orders on Exhibit.P1 within a time frame fixed by this Honourable Court.

v. To pass any such or further orders as the Petitioners may seek this Hon'ble Court deem fit to grant.

2. The petitioner is a registered association of

Non-Banking Financial Companies in Kerala. The Union of

India has initiated version 3 of MCA portal for uploading W.P.(C) No.4784 of 2023

e-forms launched with effect from 23.01.2023. According

to the petitioner, there are 45 e-forms including e-forms

of PAS3 and SH7 to be uploaded through the MCA online

web portal ie., mca.gov.in. The case of the petitioner is

that, all the members of the association have uploaded

NDH forms and as of right they are entitled to upload

PAS3 and SH7 forms. It is also submitted that the last

date for submitting the aforesaid forms was on

28.02.2023 and since the MCA portal is not functional, the

members of the association are unable to upload the

forms. It is thus seeking to redress the grievances, the

writ petition is filed.

3. Anyhow a detailed adjudication is not required,

since learned Deputy Solicitor General of India has

submitted that the time for uploading the aforesaid forms

and other forms is extended upto 31.03.2023.

In that view of the matter, I think it is only

appropriate that the writ petition is disposed of with

appropriate directions. Therefore, after having heard

learned counsel for the petitioner, Sri. Lindons C.David, W.P.(C) No.4784 of 2023

and learned Deputy Solicitor General of India, Sri.S Manu;

the writ petition is disposed of directing the petitioner to

upload the forms in the portal, if the portal is functional.

However, in any case the portal is dis-functional a physical

copy of the forms may be received from the members of

the association and process the same in accordance with

law.

Sd/-

SHAJI P. CHALY

JUDGE AP W.P.(C) No.4784 of 2023

APPENDIX OF WP(C) 4784/2023

PETITIONER EXHIBITS Exhibit P1 A COPY OF THE REPRESENTATION OF PETITIONER DATED 01.02.2023 Exhibit P2 A COPY OF THE GENERAL CIRUCLAR NO.3/2023 OF THE 1ST RESPONDENT DATED 07.02.2023