The High Court of Kerala, Bench of V.G. Arun J., disposed of the writ petition (WP(C) No. 25866/2024) filed by Edakkara Gramin Nidhi Limited. The Court deemed the issue covered by prior judgment No. 38860/2023 and applied its directions to the present case without independent analysis.
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 V.G.ARUN FRIDAY, THE 19TH DAY OF JULY 2024 / 28TH ASHADHA, 1946 WP(C) NO. 25866 OF 2024
PETITIONER:
EDAKKARA GRAMIN NIDHI LIMITED, 4/105/16(5/1266/16) KPM BUILDING EDAKKARA, ROOM NO.10/291,292 MALAPPURA. REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 679331
BY ADVS. LINDONS C.DAVIS E.U.DHANYA RAJITH DAVIS N.S.SHAMILA CHINJU P. JOYIES
RESPONDENTS
2 DEPUTY DIRECTOR, MINISTRY OF CORPORATE AFFAIRS, "A" WING, SHASTRI BHAWAN, RAJENDRA PRASAD ROAD, NEW DELHI., PIN - 110001
3 JOINT SECRETARY, MINISTRY OF CORPORATE AFFAIRS, CL -VII, "A" WING, SHASTRI BHAWAN, RAJENDRA PRASAD ROAD, NEW DELHI., PIN - 110001
W.P.(C).No.25866/2024
2
OTHER PRESENT:
SRI. SUNILKUMAR KURIAKOSE, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
W.P.(C).No.25866/2024
3
V.G.ARUN, J
= = = = = = = = = = = = = = = = = W.P.(C).No.25866 of 2024
= = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of July, 2024
JUDGMENT
When this case was taken up, the counsel for the petitioner submitted that the issue is covered by the judgment in W.P.(C).No.38860/2023 & connected cases and the same directions may be issued in this case also. The directions in the said judgment reads as under:-
W.P.(C).No.25866/2024
4
which action under the criminal law is initiated or proposed; in which event, the respective petitioners will be informed to the same appositely.
(c) On the offences committed by the petitioner - Nidhi Companies, if any, being compounded in terms of the afore directions, they will be at liberty to apply afresh, in the format prescribed as per the “NDH Form”; and if this is done, it will be considered dispassionately and without being trammeled or influenced by the earlier rejections, and dehors the orders qua the same; and appropriate new orders and necessary action issued and completed thereon, without any avoidable delay, but not later than three months from the date of the receipt of the application.
(d) If, on the contrary, the competent Authority is to find any objection with the applications of the petitioner - “Nidhi Companies” under the “NDH” Format, they shall not reject it peremptorily, but will notify each of them appropriately through apposite proceedings, intimating them of such and giving them a minimum of one month to rectify the same, to be then resubmitted as per law. Should there be any further defects still found to be subsisting, the Authority will then hear the respective applicants and give them such necessary further time as may be fixed, to rectify them, before taking a final decision.
W.P.(C).No.25866/2024
5
other mandatory requirements being satisfied. Needless to say, if the petitioners require any clarifications in future, on the working of the afore directions, they will be at liberty to approach this Court through appropriate applications. ”
Being in respectful agreement with the directions extracted above, the writ petition is disposed of by making the directions in W.P.(C).No.38860/2023 & connected cases applicable to this case also.
Sd/-
V.G.ARUN, JUDGE
NB
W.P.(C).No.25866/2024
6
APPENDIX OF WP(C) 25866/2024
PETITIONER EXHIBITS
Exhibit P1 A COPY OF CERTIFICATE OF INCORPORATION OF THE PETITIONER COMPANY. Exhibit P2 A COPY OF THE COMPANY MASTER DATA. Exhibit P3 A COPY OF THE RELEVANT PAGES OF NIDHI (AMENDMENT) RULES, 2019. Exhibit P3(a) A COPY OF THE NIDHI (AMENDMENT) RULES, 2022 PUBLISHED ON 19.04.2022. Exhibit P4 A COPY OF THE LETTER DATED 14.06.2024 OF THE 6TH RESPONDENT. Exhibit P5 A COPY OF THE REPRESENTATION SUBMITTED BY THE COMPANY. Exhibit P6 A COPY OF THE LETTER DATED 12.11.2020 OF THE 4TH RESPONDENT. Exhibit P7 A COPY OF THE INTERIM ORDER DATED 09.04.2024 IN WPC NO.14919/2024. Exhibit P8 A COPY OF THE JUDGMENT DATED 19.03.2024 IN WPC NO.12706/2021.
1 issue framed by the court
Whether the directions issued in W.P.(C).No.38860/2023 & connected cases should be made applicable to the present writ petition?
Colour shows how this judgement treated each authority
W.P.(C).No.38860/2023 & connected casesFollowed¶27
W.P.(C).No.38860/2023 & connected cases
EDAKKARA GRAMIN NIDHI LIMITED
UNION OF INDIA
DEPUTY DIRECTOR, MINISTRY OF CORPORATE AFFAIRS
JOINT SECRETARY, MINISTRY OF CORPORATE AFFAIRS
REGIONAL DIRECTOR (SOUTHERN REGION), MINISTRY OF CORPORATE AFFAIRS
REGISTRAR OF COMPANIES, ERNAKULAM
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
