Plea in Kerala HC against MCA Portal Glitches [Read Petition]

The Ministry of Corporate Affairs (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, while the case was listed on 29th May before the Kerala High Court.

The  designated partner of the petitioner LLP approached the High Court of Kerala, citing the inability to file LLP Forms in the MCA Portal.

The Writ petition (civil) prayed, among other things that in the circumstances stated in the affidavit filed along with the Petition, that the High Court be pleased to direct the 3rd respondent to receive forms 3&4 by email of petitioner LLP without penalty and direct the respondents to make consequential changes in the website of the MCA so as to enable the petitioner to file annual returns in form 11 without any additional fees pending disposal of the Writ Petition.

In the interim order dated 5th May, it was noted that, the counsel for both sides submits that the petitioner will now be in a position to download the form and also upload the same on payment of an amount of Rs. 22,500/-.

Notably, in Razee Moideen vs Ministry of Corporate Affairs, a practicing Chartered Accountant (CA) at Kochi had approached the Kerala High Court citing Portal glitches in the MCA portal earlier.

Read More: Chartered Accountant approaches Kerala HC citing Technical Glitches on MCA Portal

This case was last listed on 24-02-2023, when the Bench of Justice Shaji P Chaly had posted the case after 3 weeks when the Central Government Counsel sought time to file a counter affidavit. Further updates are awaited.

In the present case of the petitioner, The next hearing has been scheduled for 2nd June, 2023. 

The counsel for the petitioner submitted that his client was not liable to pay the said amount as it is not on account of his fault the delay has occurred. The Bench passed an interim order permitting the petitioner, after making the payment of Rs. 22,500 provisionally subject to the result of the present writ petition.

Ebin Mathew, P J Mathew, Akhila Shoji & Gopalakrishnan Unnithan S appeared at the Kerala High Court on behalf of the petitioner – Safa Jewels Areacode LLP.

The Central Government Counsel submitted that, based on the interim order dated 23/5/2023, the resolution is currently in progress. The respondents will do the needful forthwith to resolve the issue.

The MCA 21 and V1/V2/V3 Portals are yet to achieve smooth functionality to ensure seamless and tension-free compliance due to the innumerable number of portal glitches.

For more information on the glitches that rendered the filings and corporate compliance a pain, read more at: MCA’s New V3 Portal Disappoints Practitioners: Know these 25 Common Technical Glitches

Read also: MCA issues Frequently Asked Questions on V3 Portal

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