Vkl Homes India Private Ltd., v. Union of India
Case brief
What is this about?
Petitioners sought to file e-form ACTIVE without a whole-time Company Secretary. The High Court granted liberty to proceed against petitioners for violating Section 203 of the Companies Act, while explicitly reserving judgment on the legality of the requirement.
What did the court decide?
Liberty granted to respondents to proceed against petitioners for violation of Section 203 of the Companies Act, 2013.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942 WP(C).No.7423 OF 2020(C)
PETITIONER:
PUTHENPURAKAL PROPERTIES PRIVATE LTD., FIRST FLOOR ANJAN COMPLEX, VYTILLA AROOR BYE PASS ROAD, KUNDANNOOR, KOCHI - 682 304, REP. BY ITS DIRECTOR VIJAYA KUMAR P.P.
BY ADVS. SRI.DEEPU THANKAN SMT.UMMUL FIDA SMT.LAKSHMI SREEDHAR
RESPONDENTS:
1 UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF CORPORATE AFFAIRS, RAJENDRA PRASAD ROAD, NEW DELHI - 110 001.
2 REGISTRAR OF COMPANIES, KERALA COMPANY LAW BHAVAN, THRIKKAKARA P.O., ERNAKULAM, KOCHI - 682 011. R1-2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.03.2021, ALONG WITH WP(C).7485/2020(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Issues for consideration
3 issues framed by the court
Whether companies with paid-up capital exceeding ₹5 Crores can file e-form ACTIVE without appointing a whole-time Company Secretary.
Whether restriction on filing e-form ACTIVE without a whole-time Company Secretary is arbitrary and illegal.
Whether the interim order permitting filing without Whole-time Company Secretary should be treated as a decision on the merits of Section 203.
Parties & counsel
- petitioner
PUTHENPURAKAL PROPERTIES PRIVATE LTD.
- petitioner
VKL HOMES INDIA PRIVATE LTD.
- respondent
UNION OF INDIA
- respondent
REGISTRAR OF COMPANIES, KERALA
Coram
Case details
As recorded by the court registry
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