HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR v. MENON TUESDAY, THE
Case Details
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 18295 OF 2023 PETITIONER: MOTOMI BHARAT K NIDHI LIMITED C/O. SAYUJ. TK, ESSES MALL, EAST ROAD NEAR BUS STAND, KOYILANDY, KOZHIKODE-673305 REPRESENTED BY THE MANAGING DIRECTOR, SREEJITH RADHAKRISHNAN, AGED 44 YEARS, S/O. RADHAKRISHNAN NAIR. BY ADV. R.SUDHISH RESPONDENTS: 1 2 3 4 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF CORPORATE AFFAIRS, ‘A’ WING, SHASTRI BHAVAN, DR. RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 110001 THE DEPUTY DIRECTOR MINISTRY OF CORPORATE AFFAIRS, ‘A’ WING, SHASTRI BHAVAN, DR. RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 110001 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 THE REGIONAL DIRECTOR SOUTHERN REGION, MINISTRY OF CORPORATE AFFAIRS, SHASTRI BHAVAN, BLOCK-1, 5TH FLOOR, 26-HADDOWS ROAD, CHENNAI, PIN - 600006 4 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 5 6 REGISTRAR OF COMPANIES KERALA COMPANY LAW BHAWAN, BMC ROAD, THRIKKAKARA P.O., KAKKANAD, KOCHI, PIN - 682021 THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM -695010 BY ADVS. DEEPA RAJESH E.G.GORDEN, SR.GP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.04.2025, ALONG WITH WP(C).21496/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 5 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 21494 OF 2023 PETITIONER: VISMAYA NIDHI LIMITED ROOM NO. II/331/B10, IST FLOOR, MADHAVA KRISHNA BUILDING, REPUBLIC ROAD, NORTH PARAVOOR, REPRESENTED BY ITS MANAGING DIRECTOR, ERNAKULAM, PIN - 683513 BY ADV. P.K.RAVISANKAR RESPONDENTS: 1 2 3 4 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF CORPORATE AFFAIRS, ‘A’ WING, SHASTRI BHAVAN, RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 110001 DEPUTY DIRECTOR MINISTRY OF CORPORATE AFFAIRS, CL-VII, ‘A’ WING, SHASTRI BHAVAN, RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 110001 REGIONAL DIRECTOR SOUTHERN REGION, MINISTRY OF CORPORATE AFFAIRS, SHASTRI BHAVAN, BLOCK 1, V FLOOR, 26, HADDOWS ROAD, CHENNAI, PIN - 600006 REGISTRAR OF COMPANIES (KERALA) COMPANY LAW BHAVAN, BMC ROAD, THRIKKAKARA, KOCHI, PIN - 682021 6 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 BY ADV. DEPUTY SOLICITOR GENERAL OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.04.2025, ALONG WITH WP(C).21496/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 7 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 22291 OF 2023 PETITIONER: KPK NIDHI LIMITED HAVING OFFICE AT ROOM NO.5.640.38, 2ND FLOOR, CJ TOWER, OPPOSITE MALAYALA MANORAMA OFFICE, IKKANDA WARRIER ROAD, THRISSUR, PIN – 680001 REPRESENTED BY ITS MANAGING DIRECTOR & AUTHORIZED SIGNATORY BABITHA THAMPI BY ADVS. K.R.ARUN KRISHNAN DEEPA K.RADHAKRISHNAN JISSMON A KURIAKOSE SANAL C.S RESPONDENTS: 1 2 3 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF CORPORATE AFFAIRS, 'A' WING, SHASTRI BHAWAN, RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 110011 DEPUTY DIRECTOR MINISTRY OF CORPORATE AFFAIRS, SHASTRI BHAVAN, BLOCK-1, V FLOOR, 26, HADDOWS ROAD, CHENNAI, PIN - 600006 JOINT SECRETARY MINISTRY OF CORPORATE AFFAIRS, CL -VII, 'A' WING, SHASTRI BHAWAN, RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 110001 8 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 4 5 REGIONAL DIRECTOR (SOUTHERN REGION) MINISTRY OF CORPORATE AFFAIRS, SHASTRI BHAVAN, BLOCK-1, V FLOOR, 26, HADDOWS RAOD, CHENNAI, PIN - 600006 REGISTRAR OF COMPANIES ERNAKULAM COMPANY LAW BUILDING, KAKKANAD, COCHIN, ERNAKULAM, PIN - 682021 BY ADV. DEPUTY SOLICITOR GENERAL OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.04.2025, ALONG WITH WP(C).21496/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 9 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 25297 OF 2023 PETITIONER: ELAMKUNNU NIDHI LIMITED DOOR NO. 12/19, ELAMKUNNU ROAD, NEAR ST. ANTONY'S CHAPPEL, P O VALLACHIRA, REPRESENTED BY ITS MANAGING DIRECTOR, THRISSUR, PIN - 680562 BY ADV. P.K.RAVISANKAR RESPONDENTS: 1 2 3 4 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF CORPORATE AFFAIRS, ‘A’ WING, SHASTRI BHAVAN, RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 110001 DEPUTY DIRECTOR MINISTRY OF CORPORATE AFFAIRS, CL-VII, ‘A’ WING, SHASTRI BHAVAN, RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 110001 REGIONAL DIRECTOR SOUTHERN REGION, MINISTRY OF CORPORATE AFFAIRS, SHASTRI BHAVAN, BLOCK 1, V FLOOR, 26, HADDOWS ROAD, CHENNAI, PIN - 600006 REGISTRAR OF COMPANIES (KERALA) MINISTRY OF CORPORATE AFFAIRS, COMPANY LAW BHAVAN, BMC ROAD, THRIKKAKARA, KOCHI, PIN - 682021 10 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 BY ADV. K.MALINI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.04.2025, ALONG WITH WP(C).21496/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 11 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 27503 OF 2023 PETITIONER: AMEYAR NIDHI LIMITED 16/282-A, PANAMBILLY, KOTTANALLUR, THRISSUR – 680662, REP BY ITS MANAGING DIRECTOR, RATHEESHKUMAR.E.S, S/O SANKARANKUTTY, ERINJALAPPILLY WARRIAM, KALLETTUMKARA, THRISSUR – 680683. BY ADVS. DHANYA P.ASHOKAN M.R.VENUGOPAL RESPONDENTS: 1 2 3 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF CORPORATE AFFAIRS, 5TH FLOOR, A WING, SHASTRI BHAVAN DR. RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 110001 THE DEPUTY DIRECTOR MINISTRY OF CORPORATE AFFAIRS, 5TH FLOOR, A WING, SHASTRI BHAVAN DR. RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 110001 REGIONAL DIRECTOR SOUTHERN REGION, MINISTRY OF CORPORATE AFFAIRS, SHASTRI BHAVAN, BLOCK I, V FLOOR, 26, HADDOWS ROAD, CHENNAI, PIN - 600006 12 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 4 THE REGISTRAR OF COMPANIES, (KEALA) COMPANY LAW BHAVAN, BMC ROAD, THRIKKAKKARA, ERNAKULAM-682021. BY ADV. DEPUTY SOLICITOR GENERAL OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.04.2025, ALONG WITH WP(C).21496/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 13 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 43896 OF 2023 PETITIONER: MEENACHIL GRAMIN NIDHI LIMITED 24/(1), NEAR KOTTARAMATTOM, PRIVATE BUS STAND, PALA, KOTTAYAM, KERALA - REP BY ITS DIRECTOR, AJESH KUMAR SIVARAMAN, AGED 32 YEARS, S/O BABU, CHEMMALAYIL, VATTUKULAM P.O, KADAPPOOR, KANAKKARI, KOTTAYAM, PIN - 686587 BY ADV SREELAKSHMI SABU RESPONDENTS: 1 2 3 4 UNION OF INDIA REP BY THE SECRETARY, MINISTRY OF CORPORATE AFFAIRS, 'A' WING, SHASTRI BHAVAN, RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 110001 ASSISTANT DIRECTOR MINISTRY OF CORPORATE AFFAIRS, 5TH FLOOR, 'A' WING, SHASTRI BHAVAN, RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 110001 REGIONAL DIRECTOR (SOUTH REGION) MINISTRY OF CORPORATE AFFIARS, SHASTRI BHAVAN, BLOCK – 1, V FLOOR, 26, HADDOWS ROAD, CHENNAI, PIN - 600006 REGISTRAR OF COMPANIES (KERALA) COMPANY LAW BHAVAN, BMC ROAD, THRIKKAKARA, ERNAKULAM, PIN - 682021 14 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 5 DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM, PIN - 695010 BY ADV. DEPUTY SOLICITOR GENERAL OF INDIA T.JAYAN, GP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.04.2025, ALONG WITH WP(C).21496/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 15 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 JUDGMENT The issue involved in these writ petitions has already been considered and decided by a learned Single Judge of this Court in Annamanada Gramakshemam Nidhi Limited v. Union of India [2024 (3) KHC 429]. In the light of the above, these writ petitions are disposed of in terms of the judgment referred to above. Sd/- HARISANKAR V. MENON JUDGE 16 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 APPENDIX OF WP(C) 21496/2023 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 TRUE COPY OF THE CERTIFICATE OF INCORPORATION OF THE PETITIONER DATED 1-3-2016 AS A 'NIDHI' TRUE ASSOCIATION OF THE PETITIONER COMPANY MEMORANDUM COPY THE OF OF TRUE COPY OF THE RELEVANT PORTION OF COMPANIES (AMENDMENT) ACT, 2017 TRUE COPY OF THE S.O. 2269 (E) DATED 1-7-2019 ISSUED BY THE 1ST RESPONDENT TRUE COPY OF THE NIDHI (AMENDMENT) RULES, 2019 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN NDH-4 FORM TRUE COPY OF THE LETTER DATED 23-6-2023 ISSUED BY THE 2ND RESPONDENT TRUE COPY OF THE APPEAL DATED 26-6-2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT TRUE COPY OF THE INTERIM ORDER DATED 25- 10-2021 IN WP(C) NO. 22959 OF 2021 ON THE FILE OF THIS HONOURABLE COURT TRUE COPY OF THE NIDHI (AMENDMENT) RULES, 2022 PUBLISHED AS PER G.S.R. NO. 301(E) DATED 19-4-2022 ISSUED BY THE 1ST RESPONDENT TRUE COPY OF THE ORDER DATED 14-6-2023 IN WP (C) NO. 19222 OF 2023 OF THIS HONOURABLE COURT 17 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 APPENDIX OF WP(C) 18295/2023 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 COPY OF THE CERTIFICATE OF INCORPORATION DATED THE OF 25.11.2022 PETITIONER COMPANY OF THE COPY SRN.NO. AA1650484/2023/CL-VII DATED 27/04/2023 PASSED BY THE 2ND RESPONDENT ORDER NO. COPY OF THE INTERIM ORDER IN WP (C) NO. 13808 OF 2021 OF THIS HON'BLE COURT DATED 12.7.2021 COPY OF THE INTERIM ORDER IN WP (C) NO. 11704 OF 2022 OF THIS HON'BLE COURT DATED 4.4.2022 18 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 APPENDIX OF WP(C) 21494/2023 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 TRUE COPY OF THE CERTIFICATE OF INCORPORATION OF THE PETITIONER DATED 23- 5-2019 AS A 'NIDHI' TRUE ASSOCIATION OF THE PETITIONER COMPANY MEMORANDUM COPY THE OF OF TRUE COPY OF THE RELEVANT PORTION OF COMPANIES (AMENDMENT) ACT, 2017 DATED 3-1-2018 TRUE COPY OF THE S.O. 2269 (E) DATED 1-7-2019 ISSUED BY THE 1ST RESPONDENT TRUE COPY OF THE NIDHI (AMENDMENT) RULES, 2019 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN NDH-4 FORM TRUE COPY OF THE LETTER DATED 23-6-2023 ISSUED BY THE 2ND RESPONDENT TRUE COPY OF THE APPEAL DATED 26-6-2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT TRUE COPY OF THE INTERIM ORDER DATED 25-10-2021 IN WP(C) NO. 22959 OF 2021 ON THE FILE OF THIS HONOURABLE COURT TRUE COPY OF THE NIDHI (AMENDMENT) RULES, 2022 PUBLISHED AS PER G.S.R. NO. 301(E) DATED 19-4-2022 ISSUED BY THE 1ST RESPONDENT TRUE COPY OF THE ORDER DATED 14-6-2023 IN WP (C) NO. 19222 OF 2023 OF THIS HONOURABLE COURT 19 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 APPENDIX OF WP(C) 22291/2023 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P3 (A) Exhibit P4 Exhibit P5 Exhibit P6 TRUE COPY OF CERTIFICATE OF INCORPORATION OF THE PETITIONER COMPANY DATED 23/7/2019 TRUE ASSOCIATION OF PETITIONER COMPANY COPY THE MEMORANDUM OF OF TRUE COPY OF THE RELEVANT PAGES OF NIDHI (AMENDMENT) RULES, 2019 TRUE COPY OF NIDHI (AMENDMENT) RULES, 2022 ADDING PROVISOS TO THE EXT.P3 AMENDED RULES TRUE COPY OF THE NDH-4 FORM FILED BY THE PETITIONER COMPANY DATED 27/6/2020 TRUE COPY OF THE LETTER DATED 23.06.2023 OF THE 2ND RESPONDENT TRUE COPY OF THE INTERIM ORDER OF THE HONOURABLE HIGH COURT DATED 02/09/2022 IN W.P.(C) NO. 28658 OF 2022 AS AVAILABLE IN THE WEBSITE 20 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 APPENDIX OF WP(C) 25297/2023 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 TRUE COPY OF THE CERTIFICATE OF INCORPORATION OF THE PETITIONER DATED 3-5-2016 AS A 'NIDHI' COPY TRUE OF THE ASSOCIATION OF THE PETITIONER COMPANY DATED 23-4-2016 MEMORANDUM OF TRUE COPY OF THE RELEVANT PORTION OF COMPANIES (AMENDMENT) ACT, 2017 DATED 3-1-2018 TRUE COPY OF THE S.O. 2269 (E) DATED 1-7-2019 ISSUED BY THE 1ST RESPONDENT TRUE COPY OF THE NIDHI (AMENDMENT) RULES, 2019 DATED 1-7-2019 TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE PETITIONER IN NDH-4 FORM TRUE COPY OF THE LETTER DATED 26-7-2023 ISSUED BY THE 2ND RESPONDENT TRUE COPY OF THE APPEAL DATED 29-7-2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT TRUE COPY OF THE INTERIM ORDER DATED 25-10-2021 IN WP(C) NO. 22959 OF 2021 ON THE FILE OF THIS HONOURABLE COURT TRUE COPY OF THE NIDHI (AMENDMENT) RULES, 2022 PUBLISHED AS PER G.S.R. NO. 301(E) DATED 19-4-2022 ISSUED BY THE 1ST RESPONDENT TRUE COPY OF THE ORDER DATED 14-6-2023 IN WP (C) NO. 19222 OF 2023 OF THIS HONOURABLE COURT 21 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 APPENDIX OF WP(C) 27503/2023 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 TRUE COPY OF THE CERTIFICATE OF INCORPORATION OF THE PETITIONER COMPANY DATED 23/8/2017 TRUE COPY OF THE NDH-4 APPLICATION DATED 15/2/2020 TRUE COPY OF THE ORDER DATED 27/6/2023 PASSED BY THE SECOND RESPONDENT TRUE COPY OF THE INTERIM ORDER DATED 26/07/2023 IN WPC 24313/2023 PASSED BY THIS HONOURABLE COURT TRUE COPY OF THE NIDHI (AMENDMENT) RULES 2022 DATED 19/4/2022 PUBLISHED BY RESPONDENT NO.1 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 7/8/2023 22 W.P.(C) Nos.21496, 18295, 21494, 22291, 25297, 27503 & 43896 of 2023 APPENDIX OF WP(C) 43896/2023 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 TRUE COPY OF THE CERTIFICATE OF INCORPORATION DATED 23.3.2022 ISSUED BY THE MINISTRY OF CORPORATE AFFAIRS. TRUE COPY OF THE SCREENSHOT SHOWING TECHNICAL ERROR IN COMPLETING NDH-4. TRUE COPY OF THE REPRESENTATION FILED BEFORE DATED 21.12.2023. RESPONDENT THE 4TH TRUE COPY OF THE INTERIM ORDER DATED 23.5.2023 IN WPC NO. 16370/2023 OF THIS HONOURABLE COURT.