Chandrasekaran Shivakumar vs Union Of India
2021 Latest Caselaw 11231 Mad

                                                                                W.A.No.1362 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.1362 of 2021
                                               and C.M.P.No.8155 of 2021

                     Chandrasekaran Shivakumar                                         .. 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 Company Tamil Nadu Chennai,
                       Block No.6, B Wing 2nd Floor,
                       Shastri Bhawan,
                       No.26, Haddows Road,
                       Chennai - 600 006.                                          .. Respondents


                               Appeal filed under Clause 15 of the Letters Patent against the
                     order dated 10.02.2020 made in W.P.No.3155 of 2020.


                               For Appellant          :     Mr.Deepan Uday

                               For Respondents        :     Mr.C.Kulanthaivel
                                                            for R1




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                 W.A.No.1362 of 2021



                                                         JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

This writ appeal is directed against the order dated 10.02.2020

passed in W.P.No.3155 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

https://www.mhc.tn.gov.in/judis/ W.A.No.1362 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.)
                                                                              30.04.2021
                     Index:Yes/No
                     mmi
                     To

                     1.The Secretary,

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

2.Registrar of Company Tamil Nadu Chennai, Block No.6, B Wing 2nd Floor, Shastri Bhawan, No.26, Haddows Road, Chennai - 600 006.

https://www.mhc.tn.gov.in/judis/ W.A.No.1362 of 2021

M.M.SUNDRESH, J.

and R.N.MANJULA,J.

mmi

W.A.No.1362 of 2021

30.04.2021

https://www.mhc.tn.gov.in/judis/