Sugirda Dinakar vs Union Of India
2021 Latest Caselaw 10679 Mad

Citation : 2021 Latest Caselaw 10679 Mad
Judgement Date : 26 April, 2021

Madras High Court

Sugirda Dinakar vs Union Of India on 26 April, 2021

                                                                                W.A.No.909 of 2021

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 26.04.2021

                                                          CORAM

                                       THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                        and
                                        THE HON'BLE MS.JUSTICE R.N.MANJULA

                                                  W.A.No.909 of 2021


                      Sugirda Dinakar                                                .. 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, Chennai,
                        Block No.6,
                        B Wing, 2nd Floor, Shasthri Bhavan,
                        26, Haddows Road, Chennai - 6.                       .. Respondents


                                Writ Appeal filed under Clause 15 of the Letters Patent against

                      the order dated 27.01.2020 passed in W.P.No.3978 of 2019.


                                For Appellant         :     Mr.P.Ambili Menon

                                For Respondents       :     Mr.C.Kulanthaivel for R1




                      Page 1 of 4


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                                                                                   W.A.No.909 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.3978 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/ https://www.mhc.tn.gov.in/judis/ W.A.No.909 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.)
                                                                               26.04.2021
                      Index:Yes/No
                      mmi

                      To

                      1.Union of India