Jayakumar Kannappan vs Union Of India
2021 Latest Caselaw 4746 Mad

                                                                   W.A.Nos.386 and 400 of 2021



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED:      23.02.2021

                                                     CORAM :

                                   THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
                                                         AND
                               THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY


                                            W.A.Nos.386 and 400 of 2021


                     Jayakumar Kannappan                                ...  Appellant
                                                                        in W.A.No.386 of 2021

                     Jayakumar Thirlok Chander                          ...  Appellant
                                                                        in W.A.No.400 of 2021

                                                      Vs

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

                     2. Registrar of Companies Tamilnadu, Chennai,
                        Block No.6,B Wing 2nd Floor,
                        Shastri Bhawan,
                        26, Haddows Road,
                        Chennai – 600 006.                        ...        Respondents




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                                                                         W.A.Nos.386 and 400 of 2021



                     Prayer: Appeals under Clause 15 of the Letters Patent against the
                     common judgment dated 27.01.2020 made in W.P.Nos.15730 and
                     15737 of 2019.


                                   For Appellants              : Mr.R.Rajesh

                                   For Respondents             : Mr.S.Janarthanam
                                                                 CGSC for respondent No.1




                                                 COMMON JUDGMENT
                                     (Delivered by Senthilkumar Ramamoorthy, J.)


                               The writ appeals challenge 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



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                                                                     W.A.Nos.386 and 400 of 2021



                     the Director Identification Number (DIN) for failure to file financial

                     statements under applicable law and rules framed thereunder.           The

                     present writ appeals are squarely covered by the said judgment.



                               3. Accordingly, the writ appeals, W.A.Nos.386 and 400 of 2021,

                     are allowed       in   terms of the aforesaid   judgment.      No costs.

                     Consequently, C.M.P.Nos.1540 and 1609 of 2021 are closed.



                                                                (S.B., CJ.)       (S.K.R., J.)
                                                                           23.02.2021

                     Index : No
                     sasi

                     To:

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

                     2. The Registrar of Companies Tamilnadu, Chennai,
                        Block No.6,B Wing 2nd Floor,
                        Shastri Bhawan,
                        26, Haddows Road,
                        Chennai – 600 006.




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https://www.mhc.tn.gov.in/judis/
                                           W.A.Nos.386 and 400 of 2021




                                        THE HON'BLE CHIEF JUSTICE
                                                     AND
                                   SENTHILKUMAR RAMAMOORTHY, J.

(sasi)

W.A.Nos.386 and 400 of 2021

23.02.2021

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