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TMI Blog2021 (3) TMI 308X X X X Extracts X X X X X X X X Extracts X X X X ..... AR For the RESPONDENTS : R1-2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA JUDGMENT Dated this the 2nd day of March, 2021 [WP(C) Nos.7423 & 7485 of 2020] The petitioners, who are Companies incorporated with the Registrar of Companies, Kerala, have filed these writ petitions seeking to direct the respondents to permit the petitioners to file e-form ACTIVE, INC-22A without insisting on appointment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 25.04.2019. It is the contention of the petitioners that the website of the Ministry of Corporate Affairs is not accepting e-form ACTIVE submitted by the petitioners for the reason that the paid up capital is more than Rs. 5 Crores and still the petitioners-Companies have not appointed whole-time Company Secretary. 3. It is the case of the petitioners that as per Section 203(5), if any Company ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of a whole-time Company Secretary. 5. When these writ petitions came up for admission, interim orders were passed by this Court permitting the petitioners to file e-form ACTIVE, INC-22A, Form PAS-03 (change in paid up capital) and Form DIR-12 (change in Director except cessation) without insisting on appointment of a whole-time Company Secretary provisionally, pending further orders in these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per every day during which the default continues. 8. Heard learned counsel for the petitioners and learned Central Government Counsel appearing for the respondents. 9. As things stand now, the petitioners have been permitted to file e-form ACTIVE, INC-22A without insisting the appointment of a whole-time Company Secretary, on a provisional basis. Section 203(5) of the Companies Act provides that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e disposed of granting liberty to the respondents to proceed against the petitioner-Companies for violating Section 203 of the Companies Act, if they are so advised. It is made clear that the interim orders passed in these writ petitions shall not be taken as pronouncement on merits on the legality of Section 203 of the Companies Act, 2013 or Rule 8A of the Companies (Appointment and Remuneration ..... X X X X Extracts X X X X X X X X Extracts X X X X
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