While entertaining the Writ Petition against the Ministry of Corporate Affairs (MCA) portal issue, a Single Bench of Justice P.V. Kunhikrishnan was ordered to resolve the issue in filing form NDH-4 within 1 week.
The petitioner Viswaguru Narayana Nidhi Limited is a Nidhi Company incorporated under Section 8(1) of the Companies Act, 2013 before the first respondent on 15/12/2022.
As per rule 3A of the Nidhi rules the petitioner company has to file form NDH-4 within 14/04/2023. By January 2023, the respondents updated the website of the Ministry of Corporate Affairs. The petitioner company is not able to upload the prescribed form NDH-4 ( for declaration as Nidhi Company) due to errors in the website of the Ministry of Corporate Affairs.
The Registrar of Companies (ROC) technical staff was consulted by the petitioner, but they were unable to remedy the problem either. The petitioner’s complaint was referred by the ROC to the Deputy Director of the MCA’s E-Gov Cell. However, no response was sent to the petitioner to resolve the issue.
Additionally, the petitioner would not be able to start its business without the approval of form NDH-4. The promoters invested a sizable sum of money, and they are now having difficulty starting their firm since the responders have been trying to resolve the issues in the MCA portal. Thus filed the writ petition.
As per the order pronounced by a Single Bench of the Kerala High Court, the MCA has granted 1 week time to address the issue.
Recently, another plea was submitted before the Kerala High Court in which a designated partner of the petitioner Limited Liability Partnership (LLP) citing the inability to file LLP Forms in the MCA Portal. However, the MCA, represented by Central Government Counsel Jagadeesh Lakshman has submitted that the resolution of the MCA V1/V2/V3/21 Portal issues is in progress.
Read More: Plea in Kerala HC against MCA Portal Glitches
Read also: MCA issues Frequently Asked Questions on V3 Portal
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