Cherikuri Sumithra vs Union Of India Rep. By Its
2021 Latest Caselaw 12806 Mad

                                                                            W.A.No.1482 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 30.06.2021

                                                         CORAM

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

                                                 W.A.No.1482 of 2021
                                         and C.M.P.Nos.9431 and 9432 of 2021

                     Cherikuri Sumithra                                     .. 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,
                       Tamil Nadu, Chennai,
                       Block No.6 B Wing 2nd Floor,
                       Shastri Bhawan,
                       26, Haddows Road, Chennai - 6.                       .. Respondents


                               Writ Appeal filed under Clause 15 of the Letters Patent against
                     the order dated 27.01.2020 passed in W.P.No.8661 of 2019.


                               For Appellants        :     Mr.S.Satish

                               For Respondents       :     Mr.C.Kulanthaivel for R1
                                                           No appearance for R2




                     Page 1 of 5


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                                                                                 W.A.No.1482 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.8661 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

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.1482 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.)
                                                                              30.06.2021
                     Index:Yes/No
                     mmi

                     To

1.The 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 Bhawan, 26, Haddows Road, Chennai - 6.

https://www.mhc.tn.gov.in/judis/ W.A.No.1482 of 2021

https://www.mhc.tn.gov.in/judis/ W.A.No.1482 of 2021

M.M.SUNDRESH, J.

and R.N.MANJULA,J.

mmi

W.A.No.1482 of 2021

30.06.2021

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