Rasheed Abdul Gaffar vs Union Of India
2021 Latest Caselaw 12273 Mad

Citation : 2021 Latest Caselaw 12273 Mad
Judgement Date : 23 June, 2021

Madras High Court

Rasheed Abdul Gaffar vs Union Of India on 23 June, 2021

                                                                               W.A.No.319 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 23.06.2021

                                                          CORAM

                                      THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                       and
                                       THE HON'BLE MS.JUSTICE R.N.MANJULA

                                                  W.A.No.319 of 2021
                                               and C.M.P.No.1313 of 2021


                     Rasheed Abdul Gaffar                                           .. 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,
                       Tamilnadu, Chennai.
                       Block No.6, B Wing, 2nd Floor,
                       Haddows Road,
                       Nungambakkam,
                       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.34354 of 2019.

                               For Appellant          :     Mr.M.Narayanaswamy

                               For Respondents        :     Mr.S.Janarthanam



                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                  W.A.No.319 of 2021



                                                          JUDGMENT

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

Challenging the order dated 27.01.2020 made in W.P.No.34354

of 2019, the present writ appeal has been filed.

2.The issue involved is no longer res integra. 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 : 2020 SCC OnLine Mad 2958, allowed all the writ appeals

https://www.mhc.tn.gov.in/judis/ W.A.No.319 of 2021

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.

                                                                      (M.M.S., J.)    (R.N.M., J.)
                                                                              23.06.2021
                     Index:Yes/No
                     mmi/ssm