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2025 DAILYLAW 18436 (KAR)

NUPUR PROJECTS PRIVATE LIMITED v. MINISTRY OF CORPORATE AFFAIRS

WP/20058/2019 · 2025-01-29

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:4129 WP No. 20058 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 20058 OF 2019 (GM-RES) BETWEEN: NUPUR PROJECTS PRIVATE LIMITED REP. BY ITS DIRECTOR SRI.AJAY MANDHANA, S/O SHYAM SUNDER MANDHANA, AGED ABOUT 57 YEARS, REG. OFFICE SITUATED AT G-9, 'B' BLOCK, SNS ARCADE, OLD AIRPORT ROAD, BENGALURU-560 017. …PETITIONER (BY SRI. RAVI.S.K., ADVOCATE) AND: 1. MINISTRY OF CORPORATE AFFAIRS, REPRESENTED BY ITS DIRECTOR, E-GOVERNANCE & JOINT DIRECTOR, SHASTRI BHAWAN, DR.RAJENDRA PRASAD ROAD, NEW DELHI-110 001. 2. THE REGISTRAR OF COMPANIES, KARNATAKA, E-WING, 2ND FLOOR, KENDRIYA SADAN, KORAMANGALA, BENGALURU-560 034. …RESPONDENTS (BY SRI. H.MALLAN GOUD., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4129 WP No. 20058 of 2019 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Ravi.S.K., counsel for the petitioner has appeared through video conferencing. Sri.H.Mallan Goud., counsel for the respondents has appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the orders vide letter dated 06.12.2018 at Annexure-Y and letter dated 18.02.2019 at Annexure-Z passed by the first respondent and a Mandamus directing the respondents to refund the fees paid by the petitioner with respect to E-form -5 vide Annexure-P. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. It is noted that the petitioner had sought for refund of amount. The request was declined on the ground that the refund is not applicable due to expiry of 1095 days. There is - 3 - NC: 2025:KHC:4129 WP No. 20058 of 2019 nothing on record to show that under what provisions of law, the days are stipulated to decline the request for refund of the amount. Hence, the orders passed by the first respondent is liable to be set-aside and so, they are set-aside. 5. The Writ of Certiorari is ordered. The orders vide letter dated 06.12.2018 at Annexure-Y and letter dated 18.02.2019 at Annexure-Z are quashed. In view of quashing of orders at Annexures-Y and Z, a Mandamus is ordered directing the respondents to refund a sum of Rs.1,52,000/- to the petitioner. 6. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 2 Sl No.: 33