Citation : 2021 Latest Caselaw 22748 Mad
Judgement Date : 19 November, 2021
W.A.No.2677 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2021
CORAM
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mr. Justice SATHI KUMAR SUKUMARA KURUP
W.A.No.2677 of 2021
Katari Chinnarasu Veeramani .. Appellant
Vs
1.Union of India,
Rep. By its Secretary,
Ministry of Corporate Affairs,
Shastri Bhawan,
Dr.Rajendra Prasad Road,
New Delhi – 110 001.
2.The Registrar of Companies,
Block No.6, B Wing 2nd Floor,
Shastri Bhawan
26 Haddows Road,
Chennai – 600 034. .. Respondents
Appeal preferred under Clause 15 of Letters Patent against the
order dated 27.01.2020 made in W.P.No.28912 of 2019.
For Appellant : Ms.G.Savitha
For Respondents : Mr.C.Kulanthaivel,
Senior Panel Counsel
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.A.No.2677 of 2021
JUDGMENT
(Delivered by PARESH UPADHYAY, J.)
This appeal arises from the common judgement and order of
learned Single Judge dated 27 January, 2020 recorded on the batch of
petitions being W.P.No.13616 of 2018 and number of other cognate
petitions, including W.P.No.28912 of 2019, from which, the present
appeal arises.
2. Ms.G.Savitha, learned advocate for the appellant so also
Mr.C.Kulanthaivel, learned Senior Panel Counsel for the respondent
authorities have jointly submitted that, the impugned order of learned
Single Judge was considered by the Division Bench in batch of appeals
being W.A.No.569 of 2020 and cognate appeals and it was set aside.
Attention of the Court is invited to the operative part of the judgement
and order dated 09 October, 2020, which reads as under:-
“38. In the result, these appeals are allowed by
setting aside the impugned order dated
27.01.2020. Consequently, the publication of the
list of disqualified directors by the ROC and the
https://www.mhc.tn.gov.in/judis W.A.No.2677 of 2021
deactivation of the DIN of the Appellants is hereby
quashed. As a corollary to our conclusion on the
deactivation of DIN, the DIN of the respective
directors shall be reactivated within 30 days of the
date of receipt of a copy of this order.
Nonetheless, we make it clear that it is open to
the ROC concerned to initiate action with regard to
disqualification subject to an enquiry to decide the
question of attribution of default to specific
directors by taking into account the observations
and conclusions herein. No costs. Consequently,
connected miscellaneous petitions are closed.”
3. It is jointly submitted that this appeal may also be disposed of
on the same terms.
4. In view of the above, it is ordered that the present writ appeal
shall also be governed by the order of the Division Bench of this Court
dated 09 October, 2020 recorded on W.A.No.569 of 2020 and cognate
appeals.
https://www.mhc.tn.gov.in/judis W.A.No.2677 of 2021
5. Writ Appeal is disposed of accordingly. No costs.
Consequently, connected C.M.P.No.17892 of 2021 is closed.
(P.U., J) (S.S.K., J)
19.11.2021
Index:Yes/No
ssm/16
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, Block No.6, B Wing 2nd Floor, Shastri Bhawan 26 Haddows Road, Chennai – 600 034.
https://www.mhc.tn.gov.in/judis W.A.No.2677 of 2021
PARESH UPADHYAY, J.
and SATHI KUMAR SUKUMARA KURUP, J.
ssm
W.A.No.2677 of 2021
19.11.2021
https://www.mhc.tn.gov.in/judis
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