Madras High Court
Bagyalakshmi Kothandapani vs Union Of India on 26 April, 2021
W.A.Nos.1053 and 1055 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.Nos.1053 and 1055 of 2021
and C.M.P.Nos.6732, 6734 and 6742 of 2021
Bagyalakshmi Kothandapani .. Appellant in
W.A.No.1053
of 2021
1.Surendran Muthusamy
2.M.Parthiban Muthusamy .. Appellants in
W.A.No.1055
of 2021
Vs
1.Union of India
Rep. by its Ministry of Corporate Affairs,
Shastri Bhawan,
Dr.Rajendra Prasad Road,
New Delhi - 110 001.
2.The Registrar of Companies,
Stock Exchange Building,
II Floor, 683, Trichy Road,
Singanallur, Coimbatore - 641 005. .. Respondents
in both W.As
Page 1 of 5
https://www.mhc.tn.gov.in/judis/
https://www.mhc.tn.gov.in/judis/
W.A.Nos.1053 and 1055 of 2021
Writ Appeals filed under Clause 15 of the Letters Patent against
the order dated 27.01.2020 passed in W.P.Nos.16634 and 19156 of
2019.
For Appellant : Mr.Sankar Varadarajan
in both W.As
For Respondents : Mr.C.Kulanthaivel for R1
in both W.As
COMMON JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
These writ appeals are directed against the order dated
27.01.2020 passed in W.P.Nos.16634 and 19156 of 2019, whereby the
learned single Judge dismissed the writ petitions.
2.The issue involved is no longer res interga. Learned counsel
appearing for the appellants 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 appellants. 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
Page 2 of 5
https://www.mhc.tn.gov.in/judis/
https://www.mhc.tn.gov.in/judis/
W.A.Nos.1053 and 1055 of 2021
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
: 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 appeals are allowed. No costs.
Consequently, connected miscellaneous petitions are closed.
(M.M.S., J.) (R.N.M., J.)
26.04.2021
Index:Yes/No
mmi
Page 3 of 5
https://www.mhc.tn.gov.in/judis/
https://www.mhc.tn.gov.in/judis/
W.A.Nos.1053 and 1055 of 2021
To
1.Union of India
Rep. by its Ministry of Corporate Affairs,
Shastri Bhawan,
Dr.Rajendra Prasad Road,
New Delhi - 110 001.
2.The Registrar of Companies,
Stock Exchange Building,
II Floor, 683, Trichy Road,
Singanallur, Coimbatore - 641 005.
Page 4 of 5
https://www.mhc.tn.gov.in/judis/
https://www.mhc.tn.gov.in/judis/
W.A.Nos.1053 and 1055 of 2021
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.Nos.1053 and 1055 of 2021
26.04.2021
https://www.mhc.tn.gov.in/judis/
https://www.mhc.tn.gov.in/judis/
