Kerala High Court
Trust Assure Nidhi Limited vs Union Of India on 24 May, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 19858 OF 2021
PETITIONER:
VENAD NIDHI LIMITED
ROOM NO. XXII/150/2 MAMPILLY TOWER , NH 66,
NEAR KMK JUNCTION NORTH PARAVUR ERNAKULAM KL 683513,
(REPRESENTED BY ITS DIRECTOR MR. VINEETH VINCENT).
BY ADV CYRIAC TOM
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF CORPORATE
AFFAIRS, 'A'WING, SHASTRI BHAVAN, RAJENDRA PRASAD ROAD,
NEW DELHI - 110001.
2 DEPUTY DIRECTOR,
MINISTRY OF CORPORATE AFFAIRS, 5TH FLOOR, A WING,
SHASTRI BHAWAN, NEW DELHI - 110001.
3 REGIONAL DIRECTOR
(SOUTHERN REGION), 5TH FLOOR, SHASTRI BHAWAN, 26,
HADDOWS ROAD, CHENNAI-600006.
4 REGISTRAR OF COMPANIES
(KERALA & LAKSHADWEEP), COMPANY LAW BHAWAN, BMC ROAD,
THRIKKAKARA P.O., KOCHI - 682 021.
BY ADV KARTHIK S. ACHARYA
SRI.T.C KRISHNA, CGC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2024, ALONG WITH WP(C).25452/2023, 36751/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19858 OF 2021 & Conn.Cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 25452 OF 2023
PETITIONER:
TRUST ASSURE NIDHI LIMITED
AGED 41 YEARS
VIII/8(4), M.P. RAPPAI AND SONS BUILDING EAST FORT
THRISSUR, THRISSUR, KERALA REPRESENTED BY ITS
DIRECTOR MR. SATHEESH SATHYAN THAZHATHUPURA,
PIN - 680005.
BY ADV CYRIAC TOM
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF CORPORATE AFFAIRS 'A' WING,
SHASTRI BHAVAN,RAJENDRA PRASAD ROAD NEW DELHI,
PIN - 110001.
2 DEPUTY DIRECTOR
MINISTRY OF CORPORATE AFFAIRS, 5TH FLOOR, A WING,
SHASTRI BHAWAN, PIN - 110001.
3 REGIONAL DIRECTOR (SOUTHERN REGION)
MINISTRY OF CORPORATE AFFAIRS, 5TH FLOOR, SHASTRI
BHAWAN 26, HADDOWS ROAD CHENNAI, PIN - 600006.
4 REGISTRAR OF COMPANIES (KERALA & LAKSHADWEEP)
COMPANY LAW BHAWAN, BMC ROAD, THRIKKAKARA P.O.,
KOCHI, PIN - 682021.
SRI.T.C KRISHNA, CGC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.05.2024, ALONG WITH WP(C).19858/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19858 OF 2021 & Conn.Cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 36751 OF 2022
PETITIONER:
VELLARA NIDHI LIMITED
XLII/296, KAVEED ROAD, THAMPURANPADI THAMARAYOOR
P.O., (VIA) KOTTAPADI, THRISSUR - 680505,
(REPRESENTED BY ITS MANAGING DIRECTOR MR.JITHIN
THOMAS).
BY ADV CYRIAC TOM
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF CORPORATE AFFAIRS 'A' WING, SHASTRI
BHAVAN,RAJENDRA PRASAD ROAD, PIN - 110001.
2 DEPUTY DIRECTOR
MINISTRY OF CORPORATE AFFAIRS, 5TH FLOOR, A WING,
SHASTRI BHAWAN, PIN - 110001.
3 REGIONAL DIRECTOR (SOUTHERN REGION)
MINISTRY OF CORPORATE AFFAIRS, 5TH FLOOR, SHASTRI
BHAWAN 26, HADDOWS ROAD, CHENNAI - 600006.
4 REGISTRAR OF COMPANIES (KERALA & LAKSHADWEEP)
COMPANY LAW BHAWAN, BMC ROAD, THRIKKAKARA P.O.,
PIN - 682021.
BY ADVS.
S.MANU
SRI.K.K.SETHUKUMAR, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.05.2024, ALONG WITH WP(C).19858/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19858 OF 2021 & Conn.Cases
4
T.R.RAVI.J
-------------------------------------------------------
[WP(C) Nos.19858/2021, 25452/2023,
36751/2022]
--------------------------------------------------------
Dated this the 24th day of May, 2024
JUDGMENT
When the cases are taken up, the counsel for the
petitioners submitted that the issue is covered by the
judgment in W.P.(C) No.38860 of 2023 & Connected cases
and the same directions may be issued in these cases also.
Having gone through the judgment, I find that there is no
reason to vary from the directions contained. In the above
circumstances, these writ petitions are disposed of and it is
ordered that the directions issued in W.P.(C) No.38860 of
2023 & Connected cases and the order dated 19.03.2024, will
be applicable in these cases also.
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) NO. 19858 OF 2021 & Conn.Cases
APPENDIX OF WP(C) 19858/2021
PETITIONER'S EXHIBITS
Exhibit P1 COPY OF THE CERTIFICATE OF INCORPORATION
OF THE PETITIONER COMPANY.
Exhibit P2 COPY OF THE MEMORANDUM AND ARTICLES OF
ASSOCIATION OF THE PETITIONER COMPANY.
Exhibit P3 COPY OF THE NOTIFICATION NO. S.O. 2269
DATED 1ST JULY 2019.
Exhibit P4 COPY OF THE NIDHI (AMENDMENT) RULES 2019
AS NOTIFIED BY NOTIFICATION NO. G.S.R.
467 (E) DATED IST JULY 2019.
Exhibit P5 COPY OF THE FORM NDH-4 FIELD BY THE
PETITIONER ON 12.03.2020.
Exhibit P6 COPY OF THE REJECTION LETTER DATED
16.08.2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P7 COPY OF THE MCA RECEIPT T08960957 DATED
16.03.2021 FOR FILING OF NDH I BY THE
PETITIONER.
Exhibit P8 COPY OF THE MCA RECEIPT BEARING CHALLAN
NO. T 42230441 DATED 11.09.2021 FOR
FILING OF NDH3 FOR THE HALF YEAR
31.03.2019.
Exhibit P8 A COPY OF THE NDH3 FILED BY THE PETITIONER
FOR THE HALF YEAR ENDING ON 30.09.2019.
Exhibit P8 B COPY OF THE NDH3 FILED BY THE PETITIONER
FOR THE HALF YEAR ENDING ON 31.03.2020.
Exhibit P8 C COPY OF THE NDH3 FILED BY THE PETITIONER
OR THE HALF YEAR ENDING ON 30.09.2020.
Exhibit P9 COPY OF INTERIM ORDER DATED 12.08.2021 IN
WPC 16479 OF 2021.
WP(C) NO. 19858 OF 2021 & Conn.Cases
APPENDIX OF WP(C) 25452/2023
PETITIONER'S EXHIBITS
Exhibit P1 COPY OF THE CERTIFICATE OF INCORPORATION
OF THE PETITIONER COMPANY DATED 03RD
NOVEMBER 2020.
Exhibit P2 COPY OF THE MEMORANDUM OF ASSOCIATION OF
THE PETITIONER COMPANY.
Exhibit P2A COPY OF THE ARTICLES OF ASSOCIATION OF
THE PETITIONER COMPANY.
Exhibit P3 COPY OF THE NOTIFICATION NO. S.O. 2269
DATED 1 JULY 2019 NOTIFYING SECTION 81 OF
THE COMPANIES (AMENDMENT) ACT, 2017.
Exhibit P4 COPY OF THE NIDHI (AMENDMENT) RULES, 2019
AS NOTIFIED BY NOTIFICATION NO. G.S.R.
467(E) DATED 01ST JULY 2019.
Exhibit P5 COPY OF THE FORM NDH4 SUBMITTED BY THE
PETITIONER ON 31ST OCTOBER 2021.
Exhibit P6 COPY OF THE REJECTION LETTER DATED
14.07.2023 ISSUED BY THE 2ND RESPONDENT.
Exhibit P7 COPY OF THE NDH-3 FOR THE YEAR ENDING ON
31.03.2022 AND THE PHYSICAL ATTACHMENT
NDH3 FILED BY THE PETITIONER COMPANY.
Exhibit P7A COPY OF PHYSICAL NDH3 FILED ALONG WITH
EXHIBIT P7.
Exhibit P8 COPY OF THE NDH3 FOR THE FINANCIAL YEAR
ENDING ON 30.09.2022 FILED BY THE
PETITIONER.
Exhibit P8A COPY OF THE NDH3 FOR THE FINANCIAL YEAR
ENDING ON 31.03.2023 FILED BY THE
PETITIONER.
Exhibit P9 COMPUTER SCREENSHOT OF THE ERROR MESSAGE
ISSUED TO THE APPLICANT BY THE SYSTEM
Exhibit P10 COPY OF INTERIM ORDER DATED 21.07.2023 IN
WP(C) 23791 OF 2023 BY THE HIGH COURT OF
KERALA.
Exhibit P11 COPY OF THE NIDHI AMENDMENT RULES 2022,
PUBLISHED AS G.S.R NO. 301E DATED
19.04.2022 ISSUED BY THE 1ST RESPONDENT.
WP(C) NO. 19858 OF 2021 & Conn.Cases
APPENDIX OF WP(C) 36751/2022
PETITIONER'S EXHIBITS
Exhibit P1 COPY OF THE CERTIFICATE OF INCORPORATION
OF THE PETITIONER COMPANY DATED 06TH
DECEMBER 2016.
Exhibit P2 COPY OF THE MEMORANDUM AND ARTICLES OF
ASSOCIATION OF THE PETITIONER COMPANY.
Exhibit P3 COPY OF THE NOTIFICATION NO. S.O. 2269
DATED 1 JULY 2019 NOTIFYING SECTION 81 OF
THE COMPANIES (AMENDMENT) ACT, 2017.
Exhibit P4 COPY OF THE NIDHI (AMENDMENT) RULES, 2019
AS NOTIFIED BY NOTIFICATION NO. G.S.R.
467(E) DATED 01ST JULY 2019.
Exhibit P5 COPY OF THE FORM NDH-4 FILED BY THE
PETITIONER ON 11.02.2020.
Exhibit P6 COPY OF THE REJECTION LETTER DATED
08.07.2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P7 COPY OF THE NDH-3 FOR THE YEAR ENDING ON
30.09.2022 FILED BY THE PETITIONER
COMPANY.
Exhibit P8 COPY OF THE CHALLAN FILED FOR THE HALF
YEAR ENDING ON 31.03.2019 SHOWING THE
PAYMENT OF PENALTY.
Exhibit P9 COPY OF INTERIM ORDER DATED 07.07.2021 IN
WP(C) 22127 OF 2022 BY THE HIGH COURT OF
KERALA.
Exhibit P10 COPY OF THE NIDHI AMENDMENT RULES 2022,
PUBLISHED AS G.S.R NO. 301E DATED
19.04.2022 ISSUED BY THE 1ST RESPONDENT.
