Madras High Court
Sirajuddein Mohammed Subair vs Union Of India on 23 April, 2021
W.A.No.1138 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.04.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.No.1138 of 2021
Sirajuddein Mohammed Subair .. Appellant
Vs
1.Union of India
Rep. by its Ministry of Corporate Affairs,
Shastri Bhawan,
Dr.Rajendra Prasad Road,
New Delhi - 110 001.
2.Registrar of Companies Tamil Nadu,
Coimbatore,
No.7, AGT Business Park,
I Floor, Phase II, Avinashi Road,
Civil Aerodrome Post,
Coimbatore - 641 014. .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent against
the order dated 27.01.2020 passed in W.P.No.33513 of 2019.
For Appellant : Ms.K.S.Shanthi
For Respondents : Mr.C.Kulanthaivel for R1
Page 1 of 4
https://www.mhc.tn.gov.in/judis/
W.A.No.1138 of 2021
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This writ appeal is directed against the order dated
27.01.2020 passed in W.P.No.33513 of 2019, whereby the learned
single Judge dismissed the writ petition.
2.The issue involved is no longer res interga. Learned counsel
appearing for the appellant and the learned counsel appearing for the
first respondent submitted that the question of invoking disqualification
has already been considered by a Division Bench of this Court, holding
in favour of the similarly placed person like the appellant. Reliance has
been made on the recent judgment of the Division Bench dated
26.03.2021 in W.A.No.908 of 2021 (Durairaj Dhanasekaran Vs. Union
of India and another), which took into consideration the earlier
judgment passed by this Court. The operative portion of the judgment
dated 26.03.2021 reads as under:
2. A Division Bench of this Court, in a batch of writ
appeals, decided on October 9, 2020, in Meethelaveetil
Kaitheri Muralidharan and others v. Union of India and
another, reported in (2020) 6 CTC 113 : (2020) 7 MLJ 641
https://www.mhc.tn.gov.in/judis/
W.A.No.1138 of 2021
: 2020 SCC OnLine Mad 2958, allowed all the writ appeals
and held that prior notice is necessary before disqualifying
Directors under Section 164(2) of the Companies Act,
2013 and that the Registrar of Companies is not entitled to
deactivate the Director Identification Number (DIN) for
failure to file financial statements under applicable law and
rules framed thereunder. The present writ appeal is
squarely covered by the said judgment.
3.In view of the above, this writ appeal is allowed. No costs.
(M.M.S., J.) (R.N.M., J.)
23.04.2021
Index:Yes/No
mmi
To
1.Union of India
Rep. by its Ministry of Corporate Affairs,
Shastri Bhawan,
Dr.Rajendra Prasad Road,
New Delhi - 110 001.
2.Registar of Companies Tamil Nadu,
Coimbatore,
No.7, AGT Business Park,
I Floor, Phase II, Avinashi Road,
Civil Aerodrome Post,
Coimbatore - 641 014.
https://www.mhc.tn.gov.in/judis/
W.A.No.1138 of 2021
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.No.1138 of 2021
23.04.2021
https://www.mhc.tn.gov.in/judis/
