A Nidhi company sought directions for compounding of offences and fresh consideration of its NDH Form declaration application. Relying on the earlier judgment in W.P.(C).No.38860/2023 & connected cases, the court applied those directions to this petitioner as well and disposed of the writ petition.
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.
2024:KER:59597
W.P.(C).No.5848/2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 15TH DAY OF JULY 2024 / 24TH ASHADHA, 1946
WP(C) NO. 5848 OF 2024
PETITIONER:
SURYAJYOTHI NIDHI LIMITED
THROUGH ITS DIRECTOR MR. SAJU SURENDRAN. BUILDING NO.
17/964/965, RM COMPLEX KATTILKADAVU PO,
KARUNAGAPPALLY TALUK,KOLLAM KERALA, INDIA,PIN-690542
BY ADVS.
NITISH SATHESH SHENOY
SUKUMAR NAINAN OOMMEN
SHERRY SAMUEL OOMMEN
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF CORPORATE AFFAIRS "A" WING, SHASTRI BHAWAN, RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 1100012 ASSISTANT DIRECTOR MINISTRY OF CORPORATE AFFAIRS A WING, SHASTRI BHAWAN, RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 1100013 REGIONAL DIRECTOR, SOUTHERN REGION MINISTRY OF CORPORATE AFFAIRS, SHASTRI BHAVAN, BLOCK 1, V FLOOR, 26, HADDOWS ROAD, CHENNAI, PIN - 6000064 REGISTRAR OF COMPANIES, ERNAKULAM COMPANY LAW BUILDING, KAKKANAD, KOCHI –, PIN - 682021BY ADV VISHNU JAYAPALAN
OTHER PRESENT:
SRI. P.S. APPU, GP.
SRI T.C. KRISHNA, DSGI IN CHARGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.5848/2024
2
2024:KER:59597
V.G.ARUN, J
= = = = = = = = = = = = = = = = = W.P.(C).No.5848 of 2024
= = = = = = = = = = = = = = = = = = = = = Dated this the 15th 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:-
2024:KER:59597
W.P.(C).No.5848/2024
3
which action under the criminal law is initiated or proposed; in which event, the respective petitioners will be informed to the same appositely.
W.P.(C).No.5848/2024
4
2024:KER:59597
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
vpv
2024:KER:59597
W.P.(C).No.5848/2024
5
APPENDIX OF WP(C) 5848/2024
PETITIONER EXHIBITS
Exhibit P1 |
A TRUE COPY OF ITS CERTIFICATE OFINCORPORATION DATED 21.04.2021 |
|---|---|
Exhibit P2 |
TRUE COPY OF THE PETITIONER’SMEMORANDUM OF ASSOCIATION (MOA) |
Exhibit P3 |
TRUE COPY OF THE PETITIONER’S ARTICLESOF ASSOCIATION (AOA) |
Exhibit P4 |
A TRUE COPY OF THE FORM NDH - 4 DATED27.05.2022 ALONG WITH ACCOMPANYINGDOCUMENTS AND RECEIPT |
Exhibit P5 |
TRUE COPY OF EMAIL FROM THE 2NDRESPONDENT DATED 16.06.2022 WITH THESUBJECT ‘APPLICATION FILED BY COMPANYIN FORM NDH 4 FOR DECLARATION AS NIDHICOMPANY’ |
Exhibit P6 |
TRUE COPY OF THE EMAIL LETTERS DATED29.06.2022 AND 18.08.2022 ALONG WITHATTACHMENTS SENT TO THE 2ND RESPONDENT |
Exhibit P7 |
TRUE COPIES OF THE EMAIL DATED29.12.2023 AND ORDER DATED 29-12-2023 |
Exhibit P8 |
TRUE COPY OF CERTIFICATE ISSUED BY ITSSTATUTORY AUDITORS, MSSRS SJS & CO,CHARTERED ACCOUNTANTS DATED 17-01-2024 |
Exhibit P9 |
A TRUE COPY OF THE CHALLAN EVIDENCINGTHE FILING OF THE FORM NDH-3 |
Exhibit P10 |
SCREEN SHOT OF THE 'APPROVED' STATUS OFFILING FORM NDH-3 ON THE MCA WEBSITE |
Exhibit P11 |
A TRUE COPY OF THE AUDITED FINANCIALSTATEMENTS FOR THE YEAR ENDED31.03.2023 ALONG WITH THE AUDITOR’S |
2024:KER:59597
W.P.(C).No.5848/2024
6
CERTIFICATE
Exhibit P12A TRUE COPY ORDER DATED 05.01.2024 IN
WPC 194 OF 2024
Exhibit P13TRUE COPY OF THE “COMPANIES FRESH START
SCHEME, 2020” (CFSS, 2020) ISSUED VIDE
CIRCULAR NO 12/2020 DATED 30.03.2020.
Exhibit P14A TRUE COPY OF THE PRESS RELEASE DATED
24.08.2021 ISSUED BY THE 1ST RESPONDENT
1 issue framed by the court
Whether the directions in W.P.(C).No.38860/2023 regarding compounding of offences and NDH Form applications should apply to this petitioner-Nidhi company.
Colour shows how this judgement treated each authority
W.P.(C).No.38860/2023 & connected casesFollowed¶1
2 provisions across 2 enactments
Suryajyothi Nidhi Limited
Union of India represented by the Secretary, Ministry of Corporate Affairs
Assistant Director, 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