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Judgment
Shaji P. Chaly, J
Petitioner is a Nidhi company incorporated under Section 8(1) of the Companies Act, 2013. As per Rule 3B(1) of the Nidhi Rules, 2014, petitioner Company has to file form NDH-4 within 26.02.2023. According to the petitioner, by January, 2023, the respondents updated the website of Ministry of Corporate Affairs. However, the petitioner company is not able to upload the prescribed forms 'SH-7 (enhancement of share capital)', 'PASS-3 (allotment of shares)' and 'NDH-4 (for declaration as Nidhi Company)' due to the maintenance of the updated website of the Ministry of Corporate Affairs. However, the period for submitting the forms online was extended upto 31.03.2023, as per Ext.P6 circular. But according to the petitioner, even now the forms are unable to be uploaded. It is thus seeking appropriate directions, the writ petition is filed.
Learned Central Government Counsel on instructions submitted that from January, 2023 onwards as on today, 51 NDH forms were uploaded online and there is no defect to the online portal, which will disable the petitioner or any other person to upload the forms in question. It is also pointed out that the Registrar of Companies have rendered the assistance of two technical experts in order to upload the forms and the petitioner is at liberty to avail the said benefit of the technical experts.
I have heard learned counsel for the petitioner, Sri.Ebin Mathew and learned Central Government Counsel, Smt. Mini Gopinath and perused the pleadings and material on record.
In fact under a similar situation, this Court has considered the issue and has rendered Ext.P9 judgment in W.P.(C.) No. 5499/2023 dated 22.02.2023. However, it was at the time when the period was extended by the respondents upto 31.03.2023. However, since the petitioner has a case that since the online portal is defective which disables the petitioner to upload the forms in question, it is only appropriate that the petitioner is directed to seek the assistance of the technical experts appointed by the Registrar of Companies, Ernakulam in order to upload the forms online. Petitioner is at liberty to do so.
Learned Central Government Counsel is directed to inform the Registrar of Companies now itself. If, with the assistance of technical experts, the forms are unable to be uploaded, petitioner is granted the liberty to submit the forms, in person, to the Registrar of Companies, before 3.00 P.M.
The writ petition is disposed of accordingly.