Thooya Sahaya Annai Nidhi Limited Vs Union of India (Madras High Court)
Madras High Court held that rejection of e-Form NDH-4 application beyond time limit of 45 days is not allowable hence petitioner directed to submit a fresh reply regarding compliance of defects stated in orders.
Facts- These Writ petitions have been filed by the petitioners challenging the orders passed by the first respondent, rejecting the application in e-Form NDH-4 filed by the petitioners, and to direct the respondents to accept the Form NDH-4 filed by the petitioners.
Vide the present petition, it is also assailed to declare the amendment made substituting Section 406 of The Companies Act 2013 with new Section 406 as per The Companies (Amendment) Act 2017 (Act 1 of 2018) published vide gazette dated 03.01.2018 and notified with effect from 15.08.2019 and the amendment made to Nidhi Rules 2014 by Nidhi (Amendment) Rules 2019 vide notification dated 01.07.2019 with effect from 15.08.2019 are illegal, excessive, arbitrary and unconstitutional and strike down the same.
Conclusion- This Court passes the order that the petitioners states that they had submitted their respective replies to the impugned orders dated 16.06.2023, 04.07.2024, 01.07.2024, & 05.06.2024. Apart from the said replies, the petitioners are at liberty to submit a fresh reply regarding the compliance of the defects stated in the said impugned orders, within a period of two weeks from the date of receipt of a copy of this order. On receipt of any such replies/explanations from the petitioners, the second respondent shall provide an opportunity to the writ petitioners and thereafter pass appropriate final orders on merits and in accordance with law within a period of four weeks from the date of filing of replies by the respective petitioners. However, the legal issue regarding the validity of the provisions of law is left open.
