Mrs.U.Neelambilhai vs Union Of India
2021 Latest Caselaw 4419 Mad

                                                                             WA.No.338 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 19.02.2021

                                                        CORAM :

                              The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE
                                                         AND
                            The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY


                                                W.A.No.338 of 2021


                     Mrs.U.Neelambilhai                                          .. Appellant

                                                          -vs-

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

                     2. The Registrar of Companies,
                        Tamil Nadu, Chennai,
                        Block No.6, B Wing, 2nd Floor,
                        Shastri Bhavan,
                        No.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.33880 of 2019.




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                             WA.No.338 of 2021




                                   For Appellant            : Mr.Ilayaraj Kumar
                                                              for   M/s.Ramalingam     and
                                                              Associates

                                   For 1st Respondent       : Mr.S.Janarthanam,
                                                              Senior Central Government
                                                              Standing Counsel

                                                        JUDGMENT

(Delivered by Senthilkumar Ramamoorthy, J.)

The writ appeal challenges a common order passed in a batch of

writ petitions on January 27, 2020.

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

https://www.mhc.tn.gov.in/judis/ WA.No.338 of 2021

appeal is squarely covered by the said judgment.

3. Accordingly, the writ appeal, W.A.No.338 of 2021, is allowed

in terms of the aforesaid judgment. No costs.

                                                                  (S.B., CJ.)      (S.K.R., J.)
                                                                            19.02.2021

                     Index          : Yes/No

                     sra



                     To

                     1.Union of India,
                       Represented by its

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

2. The Registrar of Companies, Tamil Nadu, Chennai, Block No.6, B Wing, 2nd Floor, Shastri Bhavan, No.26, Haddows Road, Chennai – 600 034.

https://www.mhc.tn.gov.in/judis/ WA.No.338 of 2021

The Hon'ble Chief Justice and Senthilkumar Ramamoorthy, J.

(sra)

W.A.No.338of 2021

19.02.2021

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