M/S. Cfl Nidhi Ltd vs Union Of India
2024 Latest Caselaw 29649 Ker

Kerala High Court

M/S. Cfl Nidhi Ltd vs Union Of India on 17 October, 2024

Author: P Gopinath

Bench: P Gopinath

                                                          2024:KER:77140




                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

    THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                        WP(C) NO. 25236 OF 2023

PETITIONER/S:



          M/S. CFL NIDHI LTD.,XIX/197,
          ERUMALA TOWER,
          COLLEGE ROAD, KOTHAMANGALAM, ERNAKULAM 686691,
          REPRESENTED BY ITS MANAGING DIRECTOR, BABU ALIAS,
          RESIDING AT PUTHUSSERIKUDIYIL,
           KAVALANGAD,
           NELLIMATTAM, ERNAKULAM DIST.,, PIN - 686693


          BY ADV K.SANDESH RAJA


RESPONDENT/S:


    1     UNION OF INDIA,
          REPRESENTED BY THE SECRETARY,
           MINISTRY OF CORPORATE AFFAIRS, 5TH FLOOR,
           A WING, SHASTRI BHAVAN, RAJENDRA PRASAD ROAD,
           NEW DELHI, PIN - 110001

    2     JOINT SECRETARY,MINISTRY OF CORPORATE AFFAIRS,
           A WING, SHASTRI BHAVAN, RAJENDRA PRASAD ROAD,
          NEW DELHI, PIN - 110001

    3     THE REGIONAL DIRECTOR, SOUTHERN REGION,
          MINISTRY OF CORPORATE AFFAIRS, SHASTRI BHAVAN,
          BLOCK 1, VTH FLOOR, 26,
          HADDOWS ROAD, CHENNAI, PIN - 600006
                                                            2024:KER:77140
WP(C) NO. 25236 OF 2023                     2


    4       THE REGISTRAR OF COMPANIES, ERNAKULAM,
            COMPANY LAW BHAWAN, BMC ROAD,THRIKKAKARA,
             KOCHI, PIN - 682021


            BY ADV SHRI.P.R.AJITH KUMAR, CGC


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2024:KER:77140
WP(C) NO. 25236 OF 2023                       3



                                  JUDGMENT

When this matter is taken up for consideration today,

learned counsel appearing for the petitioner submitted that the

issue raised in this writ petition is covered in favour of the

petitioner by the judgment of this Court in W.P.(C.) No.29643 of

2023. This is not disputed by the learned Standing Counsel

appearing for the respondents .

2. In the light of the above submissions, the writ petition

will also stand disposed of, making it clear that the petitioner will

also be entitled to the benefit of the directions issued by this

Court in the judgment in W.P.(C.) No.29643 of 2023. All factual

issues are left open without rendering any finding on them.

Sd/-

GOPINATH P. JUDGE ajt 2024:KER:77140

APPENDIX OF WP(C) 25236/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE OF INCORPORATION OF THE PETITIONER COMPANY DATED 19.02.2016

Exhibit P2 TRUE COPY OF THE NIDHI RULES 2014

Exhibit P3 TRUE COPY OF THE AMENDED NIDHI RULES, 2019 DATED 01.07.2019

Exhibit P4 TRUE COPY OF THE FORM NDH-4 APPLICATION DATED 10.10.2019

Exhibit P5 TRUE COPY OF THE ORDER DATED 10/07/2023 ISSUED BY THE DEPUTY DIRECTOR OF THE 1ST RESPONDENT

Exhibit P6 TRUE COPY OF THE INTERIM ORDER DATED 04/10/2021 IN W.P.[C] NO.20555/2021 OF THE HON'BLE HIGH COURT OF KERALA