Madras High Court
Amarnath Raja vs Union Of India on 6 July, 2021
W.A.No.1556 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.No.1556 of 2021
and C.M.P.No.9823 and 9824 of 2021
Amarnath Raja .. Appellant
Vs
1.Union of India,
Rep. by Ministry of Corporate Affairs,
A Wing Shastri Bhawan Garage,
No.14, Dr.Rajendra Prasad Road,
New Delhi - 110 001.
2.Registrar of Companies,
Tamilnadu, Andaman & Nicobar Islands,
2nd Floor, "B"Wing, Shastri Bhavan,
26, Haddows Road, Chennai - 600 006. .. Respondents
Appeal filed under Clause 15 of Letters Patent against the order
dated 27.01.2020 made in W.P.No.20238 of 2019.
For Appellant : Ms.S.Shalini
For Respondents : Mr.Janarthanan,
SPCGC
Page 1 of 4
https://www.mhc.tn.gov.in/judis/
W.A.No.1556 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.20238 of 2019, whereby the learned
single Judge dismissed the writ petition.
2.The issue involved is no longer res integra. Learned counsel
appearing for the appellant and the learned counsel appearing for the
respondents 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.1556 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 petitions are closed.
(M.M.S., J.) (R.N.M., J.)
06.07.2021
Index:Yes/No
mmi/ssm
To
1.Union of India,
Rep. by Ministry of Corporate Affairs,
A Wing Shastri Bhawan Garage,
No.14, Dr.Rajendra Prasad Road,
New Delhi - 110 001.
2.Registrar of Companies,
Tamilnadu, Andaman & Nicobar Islands,
2nd Floor, "B"Wing, Shastri Bhavan,
26, Haddows Road, Chennai - 600 006.
https://www.mhc.tn.gov.in/judis/
W.A.No.1556 of 2021
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.No.1556 of 2021
06.07.2021
https://www.mhc.tn.gov.in/judis/
