Credai Bengal And ANR v. Union Of India And ORS

OD 1 WPO 1683 of 2021

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE CREDAI BENGAL AND ANR

VERSUS

UNION OF INDIA AND ORS

BEFORE:

The Hon'ble JUSTICE RAJASEKHAR MANTHA Date : 6th January, 2022 [Via Video Conference] APPEARANCE:

Mr. Shashwat Nayak,Adv.

Mr. Sarangam Chakraborty,Adv.

Mr. Sumit Biswas,Adv.

Ms. Rajashree Bhowmick,Adv.

The Court :- Affidavit of service filed in Court today is taken on record. The prayer made is rather innocuous. The writ petitioner is a non profit company under Section 25 of the Companies Act, 1956 and under Section 8 of the 2013 Act. The original Certificate of Registration of the petitioner as issued by the Registrar of Companies, West Bengal is stated to have been misplaced and lost. A complaint in this regard has been registered with the Beniapukur police station on 4th of December, 2017. Repeated representations were thereafter made to the ROC for issuance of duplicate certificate, but in vain.

The Deputy Director, Ministry of Corporate Affairs has by letter dated 29/5/2019 directed the ROC, Kolkata to issue a certified copy of the said Registration Certificate to the petitioner.

In that view of the matter, the Registrar of Companies, West Bengal, being the respondent no. 3 shall issue a duplicate certified copy of the Certificate of Registration of the petitioner No. 1 to the petitioner within a period of two weeks from the date of receipt of a copy of this order. The petitioner shall pay the requisite fees and/or other charges therefor which shall be intimated to him forthwith. In the event the ROC has some objection or reservation in issuance of such certificate, the same shall be communicated to the writ petitioner within the aforesaid period of two weeks.

The writ petition shall stand disposed of.

No order as to costs.

(RAJASEKHAR MANTHA, J.) s.chandra