Mouli Sankar vs Union Of India
2021 Latest Caselaw 10526 Mad

                                                                            W.A.No.1143 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.1143 of 2021
                                             and C.M.P.No.7185 of 2021


                      Mouli Sankar                                                .. Appellant

                                                          Vs

                      1.Union of India
                        Rep. by its Secretary,
                        Ministry of Corporate Affairs,
                        Shastri Bhawan,
                        Dr.Rajendra Prasad Road,
                        New Delhi - 110 001.

                      2.Registrar of Companies,
                        Rep. by its Registrar,
                        Block No. 6, B Wing, 2nd Floor,
                        Shastri Bhawan,
                        No.26, Haddows Road,
                        Chennai - 600 034.                                     .. Respondents

                            Writ Appeal filed under Clause 15 of the Letters Patent against
                      the order dated 27.01.2020 passed in W.P.No.50 of 2020.

                            For Appellant           :      Mr.K.G.Raghunath

                            For Respondents         :      Mr.C.Kulanthaivel for R1




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                                                                             W.A.No.1143 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.50 of 2020, 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

http://www.judis.nic.in W.A.No.1143 of 2021

another, reported in (2020) 6 CTC 113 : (2020) 7 MLJ 641 : 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.

Consequently, connected miscellaneous petition is closed.

                                                                  (M.M.S., J.)    (R.N.M., J.)
                                                                          23.04.2021
                      Index:Yes/No
                      mmi

                      To

                      1.The Secretary,

Ministry of Corporate Affairs, Shastri Bhawan, Dr.Rajendra Prasad Road, New Delhi - 110 001.

2.The Registrar, Registrar of Companies, Block No. 6, B Wing, 2nd Floor, Shastri Bhawan, No.26, Haddows Road, Chennai - 600 034.

http://www.judis.nic.in W.A.No.1143 of 2021

M.M.SUNDRESH, J.

and R.N.MANJULA,J.

mmi

W.A.No.1143 of 2021

23.04.2021

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