Madras High Court
Arun Kumar vs Union Of India on 30 April, 2021
W.A.No.1364 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.No.1364 of 2021
and C.M.P.Nos.8488 & 8489 of 2021
Arun Kumar .. 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,
Shastri Bhawan,
26, Haddows Road,
Chennai - 600 034. .. Respondents
Appeal filed under Clause 15 of the Letters Patent against the
order dated 27.01.2020 made in W.P.No.21074 of 2019.
For Appellant : M/s.D.Peruman Saranyan
For Respondents : Mr.C.Kulanthaivel
for R1
Page 1 of 4
https://www.mhc.tn.gov.in/judis/
W.A.No.1364 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.21074 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.1364 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.
Consequently, connected miscellaneous petitions are closed.
(M.M.S., J.) (R.N.M., J.)
30.04.2021
Index:Yes/No
mmi
To
1.The Secretary,
Rep. by its Ministry of Corporate Affairs,
Union of India,
Shastri Bhawan,
Dr.Rajendra Prasad Road,
New Delhi - 110 001.
2.Registrar of Companies
Tamil Nadu, Chennai
Block No.6,B Wing 2nd Floor,
Shastri Bhawan,
26, Haddows Road,
Chennai - 600 034.
https://www.mhc.tn.gov.in/judis/
W.A.No.1364 of 2021
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.No.1364 of 2021
30.04.2021
https://www.mhc.tn.gov.in/judis/
