Kerala High Court
M/S Calicut Htfc Urban Nidhi ... vs Union Of India on 31 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 11377 OF 2023
PETITIONER:
M/S CALICUT HTFC URBAN NIDHI LIMITED
AGED 42 YEARS
24/2106 F,
CKB TOWER,
FIRST FLOOR,
CHEVAYUR PO,
CALICUT,
REPRESENTED BY ITS DIRECTOR JAYARAJAN K.P.,
PIN - 673017
BY ADVS.EBIN MATHEW
P.J.MATHEW
AKHILA SHOJI
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY,
MINISTRY OF CORPORATE AFFAIRS,
'A' WING,
SHASTRI BHAVAN,
RAJENDRA PRASAD ROAD,
NEW DELHI,
PIN - 110001
2 THE JOINT SECRETARY
MINISTRY OF CORPORATE AFFAIRS,
'A' WING, SHASTRI BHAVAN,
RAJENDRA PRASAD ROAD,
NEW DELHI,
PIN - 110001
3 THE DEPUTY DIRECTOR
MINISTRY OF CORPORATE AFFAIRS,
VTH FLOOR,
A-WING,
SHASTRI BHAWAN,
DR. RAJENDRA PRASAD ROAD,
NEW DELHI,
PIN - 110001
W.P.(C.) No. 11377/2023 2
4 THE REGISTRAR OF COMPANIES, ERNAKULAM
COMPANY LAW BUILDING,
KAKKANAD,
COCHIN,
PIN - 682021
BY SMT. MINI GOPINATH, CENTRAL GOVERNMENT COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C.) No. 11377/2023 3
JUDGMENT
Petitioner is a Nidhi company incorporated under
Section 8(1) of the Companies Act, 2013. As per Rule 3B(1)
of the Nidhi Rules, 2014, petitioner Company has to file
form NDH-4 within 26.02.2023. According to the petitioner,
by January, 2023, the respondents updated the website of
Ministry of Corporate Affairs. However, the petitioner
company is not able to upload the prescribed forms 'SH-7
(enhancement of share capital)', 'PASS-3 (allotment of
shares)' and 'NDH-4 (for declaration as Nidhi Company)'
due to the maintenance of the updated website of the
Ministry of Corporate Affairs. However, the period for
submitting the forms online was extended upto 31.03.2023,
as per Ext.P6 circular. But according to the petitioner, even
now the forms are unable to be uploaded. It is thus seeking
appropriate directions, the writ petition is filed.
2. Learned Central Government Counsel on
instructions submitted that from January, 2023 onwards as
on today, 51 NDH forms were uploaded online and there is
no defect to the online portal, which will disable the
petitioner or any other person to upload the forms in
question. It is also pointed out that the Registrar of
Companies have rendered the assistance of two technical
experts in order to upload the forms and the petitioner is at
liberty to avail the said benefit of the technical experts.
3. I have heard learned counsel for the petitioner,
Sri.Ebin Mathew and learned Central Government Counsel,
Smt. Mini Gopinath and perused the pleadings and material
on record.
4. In fact under a similar situation, this Court has
considered the issue and has rendered Ext.P9 judgment in
W.P.(C.) No. 5499/2023 dated 22.02.2023. However, it was
at the time when the period was extended by the
respondents upto 31.03.2023. However, since the petitioner
has a case that since the online portal is defective which
disables the petitioner to upload the forms in question, it is
only appropriate that the petitioner is directed to seek the
assistance of the technical experts appointed by the
Registrar of Companies, Ernakulam in order to upload the
forms online. Petitioner is at liberty to do so.
5. Learned Central Government Counsel is directed
to inform the Registrar of Companies now itself. If, with the
assistance of technical experts, the forms are unable to be
uploaded, petitioner is granted the liberty to submit the
forms, in person, to the Registrar of Companies, before
3.00 P.M.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY
JUDGE
DCS/31.03.2023
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P-1 A TRUE COPY OF THE CERTIFICATE OF
INCORPORATION OF THE PETITIONER COMPANY
DATED 31/10/2022
EXHIBIT P-2 A TRUE COPY OF THE MEMORANDUM OF
ASSOCIATION OF THE PETITIONER COMPANY
EXHIBIT P-3 A TRUE COPY OF THE ARTICLES OF
ASSOCIATION OF THE PETITIONER COMPANY
EXHIBIT P-4 A TRUE COPY OF FORM SH-7 OF THE
PETITIONER COMPANY
EXHIBIT P-5 A TRUE COPY OF FORM PAS-3 OF THE
PETITIONER COMPANY
EXHIBIT P-6 A TRUE COPY OF THE GENERAL CIRCULAR NO
4/2023 ISSUED BY THE 3RD RESPONDENT
DATED 21/02/2023
EXHIBIT P-7 A SCREENSHOT OF THE ERROR MESSAGE SHOWN
IN THE WEBSITE OF MINISTRY OF CORPORATE
AFFAIRS
EXHIBIT P-8 A TRUE COPY OF THE SCREENSHOT OF THE
WEBSITE OF MCA WHILE FILING NDH-4
EXHIBIT P-9 A TRUE COPY OF THE JUDGMENT DATED
22/02/2023 IN WP(C) 5499/2023 OF THIS
HON'BLE COURT
