Kerala High Court
M/S Calicut Htfc Urban Nidhi Limited vs The Union Of India on 1 August, 2023
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
WP(C) NO. 22158 OF 2023
PETITIONER/S:
M/S CALICUT HTFC URBAN NIDHI LIMITED
24/2106 F, CKB TOWER,, FIRST FLOOR, CHEVAYUR
P.O,, CALICUT, REPRESENTED BY ITS DIRECTOR
JAYARAJAN K.P., PIN - 673017
BY ADVS.
EBIN MATHEW
P.J.MATHEW
AKHILA SHOJI
JAEONA JAMES
RESPONDENT/S:
1 THE UNION OF INDIA
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
4 THE REGISTRAR OF COMPANIES, ERNAKULAM,
COMPANY LAW BUILDING, KAKKANAD, COCHIN-, PIN -
682021
OTHER PRESENT:
SRI. S.MANU, DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 22158 of 2023
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 22158 of 2023
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Dated this the 1st day of August, 2023
JUDGMENT
The above writ petition is filed with following prayers:
i. To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 3 and 4 to accept form INC 20A (commencement of business) through e-mail and permit the petitioner to run its business as per the directions in Exhibit P7. ii. To issue a writ of mandamus or any other appropriate writ, order or direction restraining the respondent from not taking any coercive action against the petitioner company due to the non filing of form INC 20A. iii. To pass any other order or directions this Hon'ble Court deems fit and proper in the facts and circumstances of the case.
2. When this writ petition came up for consideration, a preliminary counter affidavit is filed by the respondents. It will be better to extract paragraph 10 of the counter affidavit here:
"10. As the NDH-4 application filed by the subject company is already rejected by Central Government vide letter dated 29.05.2023, the company cannot commence business and not required to file Form 20A as required under section 10A of the Companies Act, 2013."-3- W.P.(C). No. 22158 of 2023
3. In the light of the same, the counsel for the petitioner submitted that this writ petition can be closed.
Therefore, recording the counter affidavit filed by the respondents and also allowing the petitioner to continue based on Ext.P7, this writ petition is closed.
sd/-
P.V.KUNHIKRISHNAN JUDGE das -4- W.P.(C). No. 22158 of 2023 APPENDIX OF WP(C) 22158/2023 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 THE MASTER DATA OF THE PETITIONER COMPANY PUBLISHED IN THE WEBSITE OF 3RD RESPONDENT Exhibit P-5 A TRUE COPY OF THE JUDGMENT DATED 31/03/2023 IN WP(C) 11377/2023 Exhibit p-6 A TRUE COPY ORDER DATED 29/05/2023 ISSUED BY THE 3RD RESPONDENT Exhibit P-7 A TRUE COPY OF THE INTERIM ORDER DATED 06/06/2023 IN WP(C) 18224/2023 Exhibit P-8 A TRUE COPY OF FORM INC 28 DATED 14/06/2023 ALONG WITH THE RECEIPT Exhibit p-9 A SCREENSHOT OF ERROR MESSAGE SHOWN IN THE WEBSITE OF MINISTRY OF CORPORATE AFFAIRS Exhibit P-10 A SCREEN SHOT SHOWING THE STATUS OF COMPLIANT DATED 19/06/2023 ExhibitP- 11 A TRUE COPY COMPLAINT WITH TICKET NUMBER FO_20230619916036 DATED 26/06/2023