Petitioners sought a declaration that their disablement from filing statutory returns via the MCA website was illegal and a directive to restore access. Relying on counsel that the company status was 'Active', the court disposed of the petition directing filing within 15 days.
Petitioners to file pending statutory returns within 15 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943 WP(C) NO. 738 OF 2022
PETITIONERS:
1 BLUEBELL INFRA FACILITIES PVT. LTD., REGISTERED OFFICE, PLOT NO.6, KINFRA EPIP LTD., KAKKANAD, KOCHI-682 030, REPRESENTED BY ITS MANAGING DIRECTOR, JOEMON GEORGE, AGED 44 YEARS, S/O. GEORGE, MUTTATHIL HOUSE, CHUVANNAMANNU P.O., THRISSUR - 680 652.
2 JOEMON GEORGE, AGED 44 YEARS, S/O. GEORGE, MUTTATHIL HOUSE, CHUVANNAMANNU P.O., THRISSUR-680 652. BY ADVS. B.ASHOK SHENOY P.S.GIREESH K.R.PRATHISH ABHILASH A.J. ARJUN R NAIK
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF CORPORATE AFFAIRS, 'A' WING, SHASTRI BHAWAN, RAJENDRA PRASAD ROAD, NEW DELHI - 110 001. 2 THE REGISTRAR OF COMPANIES (KERALA), COMPANY LAW BHAVAN, BMC ROAD, THRIKKAKARA, KOCHI-682 021. SRI.MANU S., ASGI SRI.V.GIREESH KUMAR, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.738/2022
2
JUDGMENT
Dated this the 21st day of January, 2022
The 1st petitioner is a Private Limited Company.
The 2nd petitioner is its Director. The petitioners are before this Court, seeking to declare that the action of the respondents disabling petitioners from filing Statutory filings and uploadings including that of Financial Statements and Annual Returns in respect of the 1st petitioner, by declining access for it to petitioners on the website of Ministry of Corporate Affairs, is illegal. The petitioners seek to direct the respondents to forthwith enable and afford access to the petitioners to file statutory filings and uploadings including that of Financial Statements and Annual Returns in respect of the 1st petitioner, on and through the website of Ministry of Corporate Affairs.
WP(C)No.738/2022
3
In view of the above, this Court finds that no further orders are required. Accordingly, the writ petition is disposed of recording the statement of the Central Government Counsel and directing the petitioners to file their pending Statutory returns, within a period of 15 days.
Sd/- N. NAGARESH JUDGE
SR
WP(C)No.738/2022
4
APPENDIX OF WP(C) 738/2022
PETITIONER'S EXHIBITS:
| Exhibit P1 | TRUE COPY OF PRINTOUT OF THE COMPANY |
|---|---|
| MASTER DATA IN RESPECT OF 1ST | |
| PETITIONER, AS PUBLISHED ON THE WEBSITE OF 1ST RESPONDENT. |
|
| Exhibit P2 | TRUE COPY OF NOTICE NO.ROC ERNAKULAM |
| 248(1)4149492021 DATED 03.11.2021 |
|
| ISSUED BY 2ND RESPONDENT TO 2ND PETITIONER. |
|
| Exhibit P3 | TRUE COPY OF PRINTOUT OF RTPCR REPORT NO.IP/OP/SRF NO.829729774696 DATED |
| 29.11.2021 ISSUED BY DDRC SRL | |
| DIAGNOSTICS PVT. LTD., IN RESPECT OF 2ND PETITIONER. |
|
| Exhibit P4 | TRUE COPY OF RECEIPT - SRN T63165534 DATED 11.12.2021 ISSUED IN RESPECT OF |
| 1ST PETITIONER FROM THE WEBSITE OF MINISTRY OF CORPORATE AFFAIRS. |
|
| Exhibit P5 | TRUE COPY OF RECEIPT - SRN T63144984 DATED 11.12.2021 ISSUED IN RESPECT OF |
| 1ST PETITIONER FROM THE WEBSITE OF MINISTRY OF CORPORATE AFFAIRS. |
|
| Exhibit P6 | TRUE COPY OF REPRESENTATION DATED 13.12.2021 SUBMITTED BY PETITIONERS TO 2ND RESPONDENT. |
| Exhibit P7 | TRUE COPY OF PUBLIC NOTICE NO.ROC/KERALA/S.248/STK-5/2021 DATED 13.12.2021 ISSUED BY 2ND RESPONDENT. |
| Exhibit P8 | TRUE COPY OF AFFIDAVIT DATED 30.12.2021 SUBMITTED BY 2ND PETITIONER BEFORE 2ND RESPONDENT. |
1 issue framed by the court
Whether the action of disabling petitioners from filing statutory filings and uploading financial statements on the Ministry of Corporate Affairs website is illegal.
Bluebell Infra Facilities Pvt. Ltd.
Joemon George
Union of India
The Registrar of Companies (Kerala)
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
